copyright

With the advent of digital media, the nation’s copyright and IP system has had difficulties creating valid policies governing these new forms of content. Rather than protecting the rights of the creator and the consumer, the current policy is to protect the business interests of the distributors, effectively stripping previously-held freedoms from those who actually appreciate the value of the content. In order to successfully segue into the digital realm, the United States must promote the legal online distribution of digital content and understand its vital role in marketing and content promotion. The WGA strike spotlighted the failure of the movie and television industry, as well as the WGA itself, to fully comprehend the intricacies of online content, costing the industry billions of dollars.

With so much in the news regarding the female escort that the former Governor Spitzer of New York hired, the attorneys for the call girl involved in the scandal have begun questioning whether the media’s use of material from her MySpace page can be considered a copyright violation.

While the media is entitled to protection under fair use policy, fair use does not apply to commercial uses. As the photos of the call girl are being used as attention-grabbers (headline content rather than buried within an article), it is not unreasonable to assume that the news outlets should be paying royalties for their use of the images. However, no one is sure if the call girl effectively transferred the copyright to MySpace by uploading the images, or if she retains possession of the original copyright.