A nous, la Liberte!


Three months have passed since the questionnaire about copyrights on computer networks was made public on my World Wide Web site, and I have received responses from 557 individuals as of March 31, 1997. I appreciate this cooperation very much. Below is the summary of the responses. Now I am conducting a similar survey of well known artists and plan to make the results public. I intend to start open discussions in my site revolving around copyright issues in the digital and networking age.

  1. Overall Trends
    Regarding sending, receiving and modifying copyrighted work over computer networks: in general, most people express the view that copyright should be respected. But in the responses to detailed questions, it is clear that people are less certain when the question involves copyrighted works being sent, copied, or modified without the creator's permission.

    Here is my response:
    Since the quality of digital work does not change with transmission, copying or modification, then giving and receiving a copy of a digital work to or from a friend is no different than a person who manages to acquire a brand-new work without paying for it. And the charge and identification technology which are necessary for distributing works via a computer network is being made under the assumption that those works are only for personal use. Considering these facts, I believe that, in the digital and networking age, creators' copyrights should be protected. This should be done by restricting transmission, copying and modifying original digital material. It would mean that someone purchasing original work cannot share it without the creator's permission



  2. Sending and Receiving Copyrighted Work Over Computer Networks
    (part 1, sec.#2 ) Regarding sending and receiving: in answering general questions, many people agree that the copyright of the creator should be respected.
    • Regarding sending works:
      13% answered that the creator's permission is necessary in all instances.
      80% answered that in principle it is necessary to get permission, but not necessary for private use.
    • Regarding whether new rules should be established which requires users to g et creator's permission to access their work for the purpose of preventing illegal access:
      Approximately half answered yes, and the other half, no.
      Only 6% expressed an absolute objection.


    My Response:
    I understand that most people agree that certain rules are necessary in order to protect the creator's copyright. But my feeling is that creators need freedom of choice in deciding whether or not to require users to get permission to access their work.



    (part 2,sec.#2 ) But when respondents answer in detail, they are very far from this position, which seems to reflect a superficial understanding about copyrights.

    • The sending of works for private use which does not require the creator's permission:
      82% approve of sending the work to their families.
      64% approve of sending it to a few friends.
      22% approve of sending it to more than ten friends.
      16% approve of sending it to colleagues for business purposes.

      My Response:
      The coverage is too wide.



    • Regarding people using a work without the creator's permission,
      64% approve use of a quote from an original work, providing that the creator's name appears.
      15% approve incorporating an original work into another piece and making it public via the Internet.

      My Response:
      This coverage is also too wide.



    • Regarding what kind of rights creators should hold: The right to permit their work to be sent via Internet, or only the right to claim royaltyies in traditional ways.
      63% answered that creators should be given the rights to permit the sending of their works.
      37% answered that creators should limit their claim to royalties.

      My Response:
      Since in many cases creators cannot grasp how their works are being used in and out of computer networks, the second position, which limits their claim to traditional royalties, may not be beneficial for anyone engaged in creating original work.



    • Regarding which side should have priority in getting the rights to permit sending the work -- creators or investors:
      55% answered that it should be decided by the contracts the two parties have made.
      42% answered that creators should always have the priority.

      My Response:
      Often investors have more leverage than creators when it comes to negotiating a contract. Therefore, creators sometimes have a hard time getting a fair return for their work. So, leaving the decision of who retains control to the wording of contracts might shortchange creators.




     

  3. Copy and Modification of Digital Works
    (pat 1, sec.#3 ) Regarding copy: in general many people expressed their respect for the creator's copyright.
    • Regarding appropriateness of applying the present rule of free copying for private use of works found in computer networks:
      83% answered there is no need to amend.
      14% answered that no digital copies, including those for private use, should be allowed without the creator's permission.


    (part 2, sec. #3) But these answers go far from protecting a creator's copyright. The problem here is the same as in the case of sending works.

    • Regarding coverage of copying for private use which does not require the creator's permission:
      65% approve of giving the copy to family.
      42% approve of giving it to a few friends.
      17% approve of giving it to students for school use.
      12% approve of giving it to more than ten friends.

      My Response:
      Present copyright law does not require users to get the creator's permission when copies of original work are given to family or students. But, considering the characteristic of digital works, I don't think the present rule can be applied to digital works. This coverage is too wide.



    • Regarding the coverage of modification to original work which does not require the creator's permission,
      79% approve of modifying work to enjoy with family.
      54% approve of giving it to a few friends.
      26% approve of giving it to more than ten friends.
      23% approve of giving it to anyone for free.

      My Response:
      This coverage is also too wide.




     

  4. Digitizing of Works
    Many people feel that the investment of those who convert analog art into a digitized format should be compensated in some way.
    • Regarding whether to give those who invest in digitizing work the right of approval for the distribution and use of their digitized work or not:
      66% answered that, although the right of sole approval over its distribution should not be given, the investment should be compensated in some way.
      20% answered that it is not necessary to protect the investors..
      14% answered that the right to approve the distribution and usage should be given to the investors.

      My Response:
      It is necessary that those investments would be compensated. But if only a few people would invest in digitizing of analog works and gain sole control of the distribution of many artworks, they would have the same strong power in the computer network as the present mass media has. In order to avoid such a situation, it is necessary that many persons or corporations are engaged in digitizing so that competition is guaranteed.