Do Copyright Laws

destroy creativity?
A presentation by Amanda McQuade

Introduction
Copyright laws could be restraining the rights of artists, to their own
creations and findings.
Examples:
-not allowing an equal balance between free speech and the rights of
ownership
-How copyright laws disrupt productivity, which leaves impacts on the
economy
-How copyright laws were not created during the digital age, so they
are technologically outdated

Yes
Free speech Concern
Article: Fair Use and Intellectual Property: Defending the Balance
This article explains on how Copyright laws are not allowing
an equivalent balance between free speech and rights of
ownership.
Our Nations deeply held-commitments to promoting free speech
and innovation seem to go out the window as soon as someone
cries infringement.
How the economy is affected
Article: Economists say Copyright and Patent Laws are Killing
Innovation; Hurting Economy
When new ideas and innovations are not able to be put on

Yes (continued)
Outdated Laws
Article: Copyright Laws Dont Work in the Digital Age
Copyright laws were not created during the time of
technological advances, when anyone can put their creations
out online.
It is easier than ever for an individual to have an idea,
record its words, images or sound and then release it to the
world.
Lenz vs universal
Article: Lenz vs Universal Music Corporation
Universal accused Stephanie Lenz of Copyright infringement,
when Lenz posted a 29 second long video to YouTube, of her
child dancing to Lets Go Crazy, by Prince, a song that is

No
Flexible Laws

Article: Copyright Stifles Innovation and Creativity! (Says the

Internet): It doesnt and Heres Why.

Two works may be very similar, but each individual can be entitled to a
copyright license.

Two people can write the same song, and as long as they dont copy
each other, each is entitled to a copyright on it. Neither are
infringements of each other, even if they are close to being identical. It
doesn't matter who wrote it first.

Full rights to ownership

Article: Benefits of Copyright Protection Explained

Copyright owners have the abilities to retain legal ownership of their

content, receive financial gains, and be able to supervise how a third
party user uses their content. Fair Use allows third party users to parody,

No (continued)
Sampling
Article: The Song Remains the Same: A review of the Legalities of
Music Sampling
Sampling Music is allowed, when the copyright holder grants permission
for other artists to use parts of songs owned by the holder. It is considered
infringement, if the original author is not credited.
Truth Hurts vs Bappi Lahiri
Article: The Song Remains the Same: A review of the Legalities of
Music Sampling
Bappi Lahiri sued Universal Music Corporation and Dr. Dre, after emerging
artist Truth Hurts, sampled Lahiris music without permission in his single,
Addictive.

Conclusion
Disagree
According to the United States Constitution,
Copyright laws were put into place to promote the progress of Science
and useful arts, by securing for limited times to authors and innovators
the exclusive right to their respective writings or discoveries.
Why artists deserve the full rights to their work
It is important for an artist to be able to promote, duplicate, make profit
off of, and perform their innovations, and without copyright laws,
anyone may be able to steal the authors work.

citations
U.SC
opyrightOfficeDefinitions,TheUnitedStatesCopyrightOffice,Washington,D.C,
http://www.copyright.gov/help/faq/definitions.html.2014
U.SConstitution.ArticleI,Sec.8
TheCopyrightActof1976.Sections107-122.https://www.law.cornell.edu/uscode/text/17/106.1976.
BenefitsOfCopyrightProtectionExplained.StartingBusiness.
http://www.registertrademarks.net/1367/benefits-copyright-trademark/.
FairUseandIntellectualProperty:DefendingtheBalanceElectronicFrontier
Foundation,SanFrancisco,California.https://www.eff.org/issues/intellectual-property.
LenzvsUniversalMusicCorporationElectronicFrontierFoundation,SanFrancisco,California.
https://www.eff.org/cases/lenz-v-universal.2007.
Carlisle,Stephan.CopyrightStiflesInnovationandCreativity!(SaystheInternet):ItDoesnt;AndHeresWhy.
NovaSoutheasternUniversity,Lauderdale,Florida.
http://copyright.nova.edu/copyright-does-not-stifle-innovation-creativity/.2014

Citations (continued)
Challlis,,Ben.TheSongRemainstheSame:AreviewoftheLegalitiesofMusicSampling.MusicLawUpdates,
Buckinghamshire,England,UK.
http://www.musiclawupdates.com/wp-content/uploads/pdf-articles/Article-The_Song_Remains_the_Sa
me.pdf.2003.
Halperin,Rose,Jennie.Princesbattlewithcopyrightclaims.CreativeCommons,MountainView,California.
https://creativecommons.org/2016/05/23/controversy-recap-issues-surrounding-copyright-princ
es-estate/.2016
Gasaway,Lara.CopyrightIssuesandScholarlyCommunications.UNCChapelHill,ChapelHill,NC.
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Lessig,Lawrence.LawsthatChokeCreativity.TED.
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Richmond,Shane.CopyrightLawsDontWorkintheDigitalAgePolitico,ArlingtonCounty,Virginia,
http://www.politico.eu/article/copyright-laws-dont-work-in-the-digital-age/.2015.

Even MORE CITATIONS!

Skirpan,Rebecca.AnArgumentthatIndependentCreationisasLikelyasSubconsciousCopyinginMusicInfringementCases.Seton
HallUniversity,SouthOrange,NewJersey,http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1123&context=student_scholarship.
2013.
Walker,Melody.EconomistssayCopyrightandPatentLawsareKillingInnovation;HurtingEconomy.WashingtonUniversityinSt.
Louis,St.Louis,Missouri.
https://source.wustl.edu/2009/03/economists-say-copyright-and-patent-laws-are-killing-innovation-hurting-economy/.2009.

Works Cited
Dombres, Christopher. The Battle for Copyright. Cartoon. 2011.
McQuade, Amanda The ideas stolen from the artist. Drawing. 2016.
McQuade, Amanda, The overwhelming weights of Copyright. Drawing.
2016.
Unknown Author, Stolen Idea. Cartoon.