An Artist's (Abbreviated) Guide to Intellectual Property in a Technological Environment

Abstract

This research delves into the tremendous gray area of intellectual property and its usage in relation to modern technology. Current laws in the United States merely outline viewing, usage, sharing, and “possession” of copyrighted content. The Constitution grants Congress the right to create appropriate copyright laws that has proven necessary with the evolution of technology and new media. The Constitution defines these powers as the right to “Promote the Progress of Science and Useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” (Article I, Sect. 8.) The integration of art, writing, and especially music into new formats has proven a challenge in terms of rights and “fair use” of the material. The most significant challenge facing artists and companies is that technology advances faster than the legislative process, when the purpose of copyright laws is to incentivize artists to create original work. Exclusive rights granted to the artist include the right to make or sell copies, display, perform, or create derivative works of their original subject matter. The gray area in copyright matters appears when the “Idea-Expression” dichotomy becomes necessary. The distinction between an idea and the expression of that particular idea is considered fundamental to the application of the dichotomy in law. What constitutes as “fair use” of material and criminal violation of it is what makes an understanding of copyright vital to the modern American artist.