Law prof says U.S. copyright laws a hassle and a headache

Thousands of new musicians, authors and filmmakers emerge on the entertainment scene every… Thousands of new musicians, authors and filmmakers emerge on the entertainment scene every year, but given the complexity of today’s copyright laws, they might want to think about how willing they are to starve for their art.

Everyone from the artist to the consumer is hurt by the hassle and headache associated with copyright law, according to University of Michigan law professor and Pittsburgh native Jessica Litman.

Litman spoke yesterday afternoon about the burdens elicited by the current copyright law and proposed suggestions to make it more effective. She gave her lecture, titled “Copyright Reform,” in the Barco Law building.

Given the intricacy of today’s copyright law, Litman said she was not optimistic about the imminently long process of reform. Though reform is currently underway, it will not be completed before 2026.

Current copyright law was created largely in the 19th and 20th centuries, and parts of it are largely out-of-date, said Litman.

“The kinds of incentives in the 19th and 20th century may not make sense in the 21st,” Litman said. “The current copyright structure isn’t working the way anyone wants it to.”

But the real problems with today’s law relate to the balance between copyright royalties paid to the original creators of a work and those paid to their distributors.

Under the thinking that produced the law in previous centuries, distributors were given benefits because mass distribution was formerly much more expensive, Litman said. Running a movie house or printing press, for example, was more costly than producing work.

Today, some of the creators of published works do not make enough money from copyright royalties to survive on them.

“The majority of creators need day jobs to supplement their incomes,” Litman said.

The current law also muddles the process of obtaining a copyright. If creators are discouraged by the “hassle factor,” as Litman called it, consumers suffer because some valuable content never reaches the market.

Unfortunately, fixing the copyright law will be a long and arduous process. However, Litman advocates a strong necessity to abbreviate the current law.

“Copyright law should be short and comprehensible to people without the need of a copyright lawyer,” Litman said.

She joked that because lawyers will be involved in the reform process, the idea that the resulting doctrine will be “short” can be “thrown out the window.”

Aside from a more concise law, Litman would like to see the problem of unfair loyalties corrected.

Distribution of material, whether it is music or books, is less expensive and less difficult now than it was in the era when the law was written.

Litman also addressed the prevalent issue of copyright violations associated with downloading music and movies from the Internet.

Copyright lawyers are well aware of this issue, but they may not seek to target all violators.

“[The] goal isn’t to bring millions of copyright-infringement suites against individuals,” Litman said.

She acknowledged that there is only a small chance that casual violators will be sued. But with a fine of $750 per illegal song, there’s still a high risk involved.

“If you’re going to be unlucky, you’re going to be very unlucky,” Litman said.