Solutions to Infringement on the Web

A working group of legal scholars has recommended several means to protect copyright infringement on the Internet. The working groups recommendations are as follows: (1) Distribution by transmission- means that the section 106(2) right of an author to distribute should include “by transmission”. By including “by transmission” the copyright statute would be specifically including, beyond the right to distribute the material object, the rights to control the distribution of the material by transmission over the Internet. (3) The first sale doctrine as noted before is a limitation on the rights of the copyright owner. It does not allow a owner of a copy of a work to be sued for copyright infringement if that owner sells leases, or rents the copy of the work. Since, in the on-line world one can have a copy and then others can download the graphic or text then the working group recommended that the first sale doctrine “does not apply to the sale or other disposal of the possession of that copy or phono-­record by transmission.” The working group also suggested that technology can be afford for protection in copyright. For example, assume someone sends a graphic to someone else to assure that the graphic is valid as a sale or transfer of the copy, one can put digital signatures on the copy. The working group in its proposal recognized that the “proposed revisions have started the important discussion of how to ensure that copyright law continues to balance the rights of authors and the interests of science to access to author’s works.” This effort will perhaps lead to future changes in the existing copyright statutes. Considering that on-line services of the internet are concerned with their own liability Congress will probably have to act with such financial interests involved.