Supreme Court ruling reinforces view that copyright's expiration date has passed
Today, the Supreme Court announced that the cassette tape tax will increase. At the same time as private copying has largely ceased. The ruling is just one of many that highlight the obsolescence of current copyright law.
Copyright is meant to foster creativity and allow creators to make a living from their work. At its core, it is a protective law that grants exclusive rights and recognition. It also aims to enable the use of works and the creation of new works based on other existing works.
Somewhere here, the current copyright system collides with reality. Digital production and distribution enable entirely new ways of both creating and accessing films and music, for example.
This is not news. Everyone knows about it, from intellectual property experts and professionals to consumers and creators. But not much happens with Swedish legislation. It is so difficult and we are bound by international agreements, they say.
And in court case after court case, the copyright traditionalists get it "right". Some examples:
- Wikimedia can no longer publish photographs of art in the public domain after Supreme Court ruling
- State files and wins lawsuit to forfeit URLs on the grounds that they are tools of copyright infringement
- And today the Supreme Court announced that a smartphone is particularly suitable for private copying - despite the fact that the phenomenon is largely non-existent
In all of the cases, the courts have conducted long and complex theoretical reasoning. This is often disconnected from the obvious changes in consumption, market development and user behavior that have occurred.
The copy as a central product and basis for remuneration is no longer viable in the market. Ownership is not what consumers want in an age of unlimited supply.
The current copyright system seems to be completely stuck in the "copy" mindset, favoring established players and business models. But hardly creators, consumers and the innovators who want to develop the legal market.
Rarely has the need for reform been more evident.