Will Blockchain Revamp U.S. Copyright Protection?
Blockchain, the open ledger technology, is seemingly disrupting every industry not only because it can record occurrences more accurately, but also because it can do so transparently. From supply chain to banking, blockchain is already changing status quos and eliminating the need for traditional institutions. Blockchain accomplishes this by distributing power and control to a trusted network. In intellectual property, blockchain technology could transform proof of ownership and licensing by instantly time-stamping events and transactions in real time, automating the intermediary role of the United States Copyright Office (the “USCO”).
Copyright generally proves ownership and protects the original work, such as an article, photograph or song, from infringement or plagiarism. It is automatic, meaning it exists as soon as the work is fixed in a tangible medium or when one completes the original work in a format that can be perceived by another person (i.e. canvas, paper, .mp3 etc.) In other words, the work is “fixed in a tangible medium” immediately when one types up a book on a Word document or records a song in an audio digital file. Copyright registration isn’t required but it’s necessary to claim copyright infringement later on. Because it is a safety net, authors often opt to be safe sooner than later and register for copyrights outright. Today, where content is published, consumed and shared across many mediums, copyright protection and recognition of ownership are critical.
The system powering copyright registration is far from perfect. The copyright registration process hasn’t been updated in decades. To register for copyright, an author creates a public record of that work on a national registry run by the USCO. One can look up an author’s name and the title of their work, but samples of the actual registered content aren’t accessible without physically going to the USCO in Washington D.C. While this is inconvenient even during normal times, it feels impossible during a pandemic.
Blockchain could supplement copyright registration today because of its ability to timestamp events in the precise moment it occurs, without needing confirmation from a central entity. A distributed ledger recording the creation of original works would potentially eliminate any need for arbitrary filing processes and wait times. It would also bolster an author’s evidence of ownership because ownership is established automatically and can be viewed by anyone with access to the network. Most importantly, an open ledger would decrease any suits filed when ownership can’t be determined because the true owner is recorded on the blockchain. Ultimately, a blockchain recording all copyright and licensing events would record a history of owners and any later licensees of the IP.
Blockchain technology could also help authors monetize the content and work they register by using smart contracts to charge subsequent licensees for use. This is done by embedding a smart contract in an author’s intellectual property upon registration. If a licensee chooses to use a copyrighted work, the smart contract self-executes the transaction, simultaneously compensating the owner and granting the license to that licensee. The blockchain records this and every transaction that occurs in an immutable registry that cannot be tampered.
While there is great promise for blockchain to solve copyright issues, there are of course some drawbacks to be acknowledged. With a traditional federal institution, it would be difficult to get smooth adoption of the technology to replace the existing infrastructure and move all the data to the blockchain. Blockchain also cannot prevent one from replicating existing digital work and registering it as their own. However, these are solvable problems over the course of time, and one that might be worth the risk of using blockchain. If there is a way to further protect and benefit authors and their original works, why not revamp the system?
