A Condensed Discussion of Copyright

Hello everyone!
To begin, I'll just give myself a quick introduction before we dive right in to the big mess that is copyright!
I'm Angela: nerdfighter, second year university student, and aspiring writer.  With that out of the way  ̶  let's get started.

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Now, copyright probably doesn't sound all that interesting but it is a very large part of what writers have to deal with, particularly on the publication side of things.  So I'll try and make this as enjoyable as possible for everyone- okay? Okay.

First, I would encourage you to check out this video, which nicely sums up how copyright started, why it was put in place and why it lasts as long as it does in today's society. If anyone else has other videos that would also assist in the explanation of copyright, feel free to share by linking them in “comments”.

With the basics out of the way, it's now time to get into the deeper and more complicated side of things, as in how do we work alongside copyright?


Well, copyright isn't designed to be airtight.  It’s not like: "Touch my stuff and we'll arrest you!"  though at times it can seem as scary as that.  No, copyright does allow for what they call "fair use".
"Fair use" allows people to use the copyrighted work of others for "criticism, comment, news reporting, teaching, scholarship, and research".  Sounds easy right?  Well...

The problem comes in with the fact that there are not firm boundaries surrounding "fair use".  There are factors for deciding it:  1. The nature and character of the use; 2. The nature of the copyrighted work; 3. The amount of the work used; 4. The effect of the use on the work's value;  but no clear, consistent line between "fair use" and infringement. Stating that the work is copyrighted doesn't always work.

That's where things get really iffy.  Is that fanfiction on Tolkien's 'Lord of the Rings' legal?  Can that person use Michael Jackson's 'Thriller' for that Youtube video?
Who is allowed to make these decisions?


That's where Bill C-32 steps in (or tries to at least). The bill (now in its newer form of C-11) would criminalize any attempts to get around digital rights management software locks which are in place to prevent the spread of copyrighted work digitally. This would affect not only personal devices but the internet as well.    
Considering that this is a digital age, and a rather collaborative one at that, many people question whether or not bills such as Bill C-32 and C-11 actually infringe on the rights of everyone, and not protect the rights of artists.

Where does "fair use" come in on this?  Does the government have the right to make these decisions?  Are there any easy answers to all this?

You tell me.