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Is Intellectual Property an Oxymoron? or Why those who have fight to keep control The United States and the United Kingdom are the only two nations who.

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Presentation on theme: "Is Intellectual Property an Oxymoron? or Why those who have fight to keep control The United States and the United Kingdom are the only two nations who."— Presentation transcript:

1 Is Intellectual Property an Oxymoron? or Why those who have fight to keep control The United States and the United Kingdom are the only two nations who consistently receive net balance of payment benefits from intellectual property, and are amongst the chief supporters of intellectual property systems. Prepared by: Ann White Art Institute of Atlanta Winter 2005

2 Overview Intellectual Property Definition Brief History of IP in the USA and Global Implications Copyright Definitions What is Fair Use? Pros and Cons Why IP doesnt work Alternative Methods Conclusion Discussion

3 What is Intellectual Property Product of the mind or the intellect: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce" Once established, such entitlements are generally treated as equivalent to tangible property, and may be enforced as such by the courts.

4 History of IP in the USA - Global Implications Thomas Jefferson believed published information is intrinsically free and that in fact this is the whole point of such exclusive rights -- to publish, to provide information to the public.

5 What is Copyright? Copyright is a set of exclusive rights granted by government for a limited time to regulate the use of a particular form, way or manner in which an idea or information is expressed. It is not designed or intended to cover the actual idea, concepts, facts, styles or techniques which may be embodied in or represented by the copyright work.

6 Please refer to your handouts Dissemination of Knowledge = Attempt at Control Attempt at Control = Greater Confusion Greater Confusion = Collaberation Consider the Correlations

7 Fair Use the 4 Components the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.

8 Pros and Cons of IP PROS Incentives like recognition and material rewards Encourages innovation and creativity Improves quality of life CONS Creates temporary monopoly Disallows humanitarian use Slows down the intellectual sharing of knowledge Ambiguous Definitions Public Good is not served as IP intended it to be.

9 Monopolies of Knowledge Intellectual property rights actually impede innovation 1. monopoly can charge far higher prices than they could if there were competition. In the process, ideas are disseminated and used less than they would be otherwise. 2..Increases the price of research. Legal issues cost money. 3..Monopolists may have much less incentive to innovate than they would if they had to compete. In fact, a monopolist, once established, may be hard to dislodge, as Microsoft has so amply demonstrated. 4. Monopoly can use its market power to squelch competitors, as Microsoft so amply demonstrated in the case of the Netscape Web browser. Such abuses of market power discourage innovation.

10 Ambiguity The creation of any product requires many ideas, and sorting out their relative contribution to the outcome – let alone which ones are really new – can be nearly impossible. Derivative work is built on previous work to create a new product that adds value by structuring previous information and/or adding new ideas. Except from the most simple products, all human creations are in some way derived from previous ones.

11 The Misleading Premise of IP By granting authors exclusive rights, the public receives the benefit of literature and music and other creative works that might not otherwise be created or disseminated. FALSE statement: creation happens whether someone is paid for it or not. Wheel

12 Fear Factors and Information Availability: Triggers fears in those who profit by controlled information environments. Enhanced abilities to collaborate suggest expanded means to conspire. Potent tools for developing multimedia objects can threaten those whose interests reside in the stability of individual media assets.

13 IP and Social Capital Meaningful communication requires at least some sharing context between the parties to such exchange. Networks of individual citizens enhance community productivity and cohesion Self-serving exclusive hierarchical patronage systems (monopolies) operate at cross purposes to societal interests are negative social capital and burdens on society The ease of transferring digital documents facilitates learning, community growth, and personal enjoyment, yet terrifies those with established stakes in controlling the distribution of those valued goods.

14 Individual Idea Greater Ideas Shared Ideas Mutual Benefit and Growth Idea Sharing and Social Capital

15 Open Source and Licensing Products of enormous immediate commercial value can and have be produced without intellectual property protection. Open Source Technologies "Commons-based peer production" is meant to describe a new model of economic production, different from both markets and firms, in which the creative energy of large numbers of people gets coordinated into large, meaningful projects, largely without financial compensation. examples include Linux and Wikipedia. Creative Commons Licensing Creative Commons is a nonprofit organization that offers a flexible copyright for creative work.

16 Balance of Private and Public Good The Internet has become a zone of creativity and rapid development, with positive effects even in the non-wired world. Customer access to a planetary network of information has empowered critical purchasing, while expanding markets. The Internet has yielded new markets, means of distribution, demand, and participation. User literacy in using these technologies (how to surf the Web, send and receive email, etc.) have expanded, as they have been (largely) freely available

17 Knowledge is Exponential How does the control of knowledge benefit the many?

18 Conclusion Society needs to look further out than today's crisis, try to understand the nature of the changes taking place, and determine as best it can what their consequences might be, what it would wish them to be, and how it might steer toward fulfilling the promise and avoiding the perils. New revenue models need to be created to maintain the balance between the private and public sectors. Public Domain must be protected for societal advances

19 Discussion Questions to Consider Will IP result in the loss of Public Domain? The Shrinking Public Domain Interview with Lawrence Lessig, 10/13/2005, Public Radio Who archives and how? Far reaching theory: Could the alphabet be copyrighted? Where is the Public Domain? Is no revenue an option? Are there other options? What is considered added value in derivative works? Who determines added value?

20 Resources Association of Research Libraries, Copyright Web Site, Federal Relations E-News Copyright Updates, American Library Association, Copyright Web Site, Stanford University Libraries, "Copyright & Fair Use," U.S. Copyright Office, "Copyright Law of the United States of America," World Intellectual Property Organization,

21 Open Source Initiative Henry M. Gladney, Volume 5 Number 12 ISSN 1082-9873 D-Lib Magazine December 1999, ISSN 1082-9873 Digital Dilemma: Intellectual Property Synopsis and Views on the Study by the National Academies' Committee on Intellectual Property Rights and the Emerging Information Infrastructure Wikipedia Intellectual Property and the National Information Infrastructure: The Report of the Working Group on Intellectual Property Rights Resources

22 Digital Millenium Copyright Act of 1998 James Boyle, "The Second Enclosure Movement and the Construction of the Public Domain", Creative Commons Lawerence Lessig, Free Culture, How Big Media Uses Technology and Law to Lock Down and Control Creativity, ISBN 159420068, March 2004, Penguin Press The Shrinking Public Domain Interview with Lawrence Lessig - Oct 13, 2005, Public Radio

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