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Information Engineering - Department of Computer and Information Science at the University of Constance Strong Copyright in Whose Interest? Rainer Kuhlen.

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Presentation on theme: "Information Engineering - Department of Computer and Information Science at the University of Constance Strong Copyright in Whose Interest? Rainer Kuhlen."— Presentation transcript:

1 Information Engineering - Department of Computer and Information Science at the University of Constance Strong Copyright in Whose Interest? Rainer Kuhlen Informationswissenschaft – Universität Konstanz FB Informatik und Informationswissenschaft NETHICS Rainer Kuhlen University of Konstanz Germany Department of Computer and Information Science Some aspects of international copyright regulations

2 This PP file is made publicly available under the following Creative-Commons-License: 2 International Copyright Regulations – UCLA / IS Feb Intellectual property rights (IPR) Copyright and Related Rights Industrial Property Inventions (Patents) Trademarks Industrial designs.... Strong IPR in the Interest of Innovation?

3 This PP file is made publicly available under the following Creative-Commons-License: 3 International Copyright Regulations – UCLA / IS Feb stakeholder interests in IPR conclusio n Internatio nal regulation copyright enforceme nt potentials for developm ent Copyright industries Publishin g markets who owns knowlege? or is it information? Exception s – Teach act „Schranke n“ for education/ science information autonomy Cornyn/Lieber man § 38 UrhG-D

4 This PP file is made publicly available under the following Creative-Commons-License: 4 International Copyright Regulations – UCLA / IS Feb who owns knowledge and information?

5 This PP file is made publicly available under the following Creative-Commons-License: 5 International Copyright Regulations – UCLA / IS Feb who owns knowledge and information? Brief Thomas Jefferson an Isaac McPherson, Monticello : „If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.”

6 This PP file is made publicly available under the following Creative-Commons-License: 6 International Copyright Regulations – UCLA / IS Feb who owns knowledge and information? „To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries“ United States Constitution, Art. 1 Sect. 8 „Copyright protection shall extend to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such” TRIPS - Agreement on Trade-Related Aspects of Intellectual Property Rights Sect. 1 Art. 9 Abs. 2

7 This PP file is made publicly available under the following Creative-Commons-License: 7 International Copyright Regulations – UCLA / IS Feb who owns knowledge and information? thus Knowledge is owned by anybody or everyone, respectively but Knowledge can only accessed when mediately represented Knowledge is represented in information products therefore How?

8 This PP file is made publicly available under the following Creative-Commons-License: 8 International Copyright Regulations – UCLA / IS Feb who owns knowledge and information? therefore use of knowledge is only possible through access to information making knowledge, theoretically abundantly available, a scare resource, too rather than allowing knowledge and information being means for individual and societal development

9 This PP file is made publicly available under the following Creative-Commons-License: 9 International Copyright Regulations – UCLA / IS Feb Stakehold er interest

10 This PP file is made publicly available under the following Creative-Commons-License: 10 International Copyright Regulations – UCLA / IS Feb global regimes (WTO) intellectual property governments authorscollecting societies content, Information industry ICT economy DRM- industry law, regulation code software norms, values?? international organizations (WIPO) market stakeh older interes ts in IPR

11 This PP file is made publicly available under the following Creative-Commons-License: 11 International Copyright Regulations – UCLA / IS Feb stakeh older interes ts in IPR Consumer protection organizations intellectual products NGOs civil society groups science educational organizations UNESCO libraries, information centers norms, values global regimes Intellectual property govern- ments authors collecting societies Content economy ICT sconomy DRM- industry law code market media - community radios acceptability competence global discourses

12 This PP file is made publicly available under the following Creative-Commons-License: 12 International Copyright Regulations – UCLA / IS Feb copyright industri es

13 This PP file is made publicly available under the following Creative-Commons-License: 13 International Copyright Regulations – UCLA / IS Feb copyright industries The core industries are those industries whose primary purpose is to create, produce, distribute or exhibit copyright materials. These industries include newspapers, books and periodicals, motion pictures, recorded music, music publishing, radio and television broadcasting, and business and entertainment software.

14 This PP file is made publicly available under the following Creative-Commons-License: 14 International Copyright Regulations – UCLA / IS Feb copyright industries USA market approx 40% of the world copyright market (33% print; 40% optical; 50% magnetic/digital) $ billion word-wide

15 This PP file is made publicly available under the following Creative-Commons-License: 15 International Copyright Regulations – UCLA / IS Feb copyright industries

16 This PP file is made publicly available under the following Creative-Commons-License: 16 International Copyright Regulations – UCLA / IS Feb copyright industries

17 This PP file is made publicly available under the following Creative-Commons-License: 17 International Copyright Regulations – UCLA / IS Feb as means for develo pment global regimes Intellectual property govern- ments authors collecting societies Content economy ICT sconomy DRM- industry law code market (likely) results of disourse  new ways of deliberative democracy  new ways of media production and interactive usage  new attitudes toward knowledge and information ( sharing, open access )  new ways of collaborative work in science,education and economy reformulation of international IPR Consumer protection organizations NGOs civil society groups science educational organizations UNESCO libraries, information centers norms, values media. community radios acceptability competence intellectual products as a means for development

18 This PP file is made publicly available under the following Creative-Commons-License: 18 International Copyright Regulations – UCLA / IS Feb publishing industri es

19 This PP file is made publicly available under the following Creative-Commons-License: 19 International Copyright Regulations – UCLA / IS Feb Reed Elsevier

20 This PP file is made publicly available under the following Creative-Commons-License: 20 International Copyright Regulations – UCLA / IS Feb Thomson Group

21 This PP file is made publicly available under the following Creative-Commons-License: 21 International Copyright Regulations – UCLA / IS Feb Wolters Kluwer

22 This PP file is made publicly available under the following Creative-Commons-License: 22 International Copyright Regulations – UCLA / IS Feb publishing industries Scientific publishing in transition Mark Ware Consulting Ltd. Publishing and Elearning Consultancy: International Association of Scientific, Technical and Medical Publishers (STM) The global market for English-language STM (scientific, technical and medical) journals is about $5 billion. The industry employs 90,000 people globally, of which 40%, or 36,000 are employed in the EU. Another 20–30,000 full time employees are indirectly supported there are about 2000 publishers, made up of learned societies, university presses and commercial publishers (though, to blur the picture somewhat, many society journals are published by commercial publishers). Their respective shares of article output are about 30%, 2% and 64%.

23 This PP file is made publicly available under the following Creative-Commons-License: 23 International Copyright Regulations – UCLA / IS Feb publishing industries Open access posits making original research freely accessible on the web. There are two approaches: open access publishing (gold) and self-archiving (green). There are some open access journals in existence, publishing about 2–5% of total articles. They use a variety of funding models, grants, membership subscriptions, sponsorship/advertising, commercial reprints, classified advertising, subscriptions to print editions, volunteer labour, and subsidy or support in kind by the host organisation. The best-known approach, is the “author-side payment” model, where a publication charge (mostly in the range $2–3000) is levied on each accepted article..

24 This PP file is made publicly available under the following Creative-Commons-License: 24 International Copyright Regulations – UCLA / IS Feb publishing industries The are are about 23,000 scholarly journals in the world, collectively publishing 1.4 million articles a year. The number of articles published each year and the number of journals have both grown steadily for over two centuries, by about 3% and 3.5% per year respectively. The reason is the equally persistent growth in the number of researchers, which has also grown at about 3% per year and now stands at around 5.5 million Over 90% of STM journals are now online, and in many cases their publishers have retrospectively digitised earlier hard copy material back to the first volumes. The average total cost of publishing a journal article with a print and electronic edition has been estimated at $3750.

25 This PP file is made publicly available under the following Creative-Commons-License: 25 International Copyright Regulations – UCLA / IS Feb Internatio nal regulation

26 This PP file is made publicly available under the following Creative-Commons-License: 26 International Copyright Regulations – UCLA / IS Feb stro ng copy right  Agreement on Trade-Related Aspects of Intellectual Property Rights (WTO-TRIPS-Treaty) – 1994  WIPO Copyright Treaty (WCT)  WIPO Performances and Phonograms Treaty (WPPT)  Digital Millennium Copyright Act - USA 1998  EU -European Copyright Directive (“the Directive”) 2001  First Adaptation of the European Copyright Directive in Germany 2003 – First Adaptation („Zweiter Korb“) on its way „has caused a subtle reorientation of copyright away from the author towards a trade- oriented perspective“ 1996 Pérez de Cuéllar UNESCO-Bericht Our Creative Diversity  Berne Convention for the Protection of Literary and artistic works (Paris Text 1971 )

27 This PP file is made publicly available under the following Creative-Commons-License: 27 International Copyright Regulations – UCLA / IS Feb stro ng copy right  Berne Convention for the Protection of Literary and artistic works (Paris Text 1971 ) Article 9 (1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form. (2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author. (3) Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention.....

28 This PP file is made publicly available under the following Creative-Commons-License: 28 International Copyright Regulations – UCLA / IS Feb stro ng copy right  Agreement on Trade-Related Aspects of Intellectual Property Rights (WTO-TRIPS-Treaty) – 1994 The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994.Marrakesh Agreement Establishing the World Trade Organization Article13 Limitations and Exceptions Members shall confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder..... Three step test

29 This PP file is made publicly available under the following Creative-Commons-License: 29 International Copyright Regulations – UCLA / IS Feb stro ng copy right  WIPO Copyright Treaty (WCT)  WIPO Performances and Phonograms Treaty (WPPT) The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994.Marrakesh Agreement Establishing the World Trade Organization Article13 Limitations and Exceptions Members shall confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder..... Three step test

30 This PP file is made publicly available under the following Creative-Commons-License: 30 International Copyright Regulations – UCLA / IS Feb stro ng copy right  Digital Millennium Copyright Act - USA 1998

31 This PP file is made publicly available under the following Creative-Commons-License: 31 International Copyright Regulations – UCLA / IS Feb stro ng copy right  EU -European Copyright Directive (“the Directive”) 2001

32 This PP file is made publicly available under the following Creative-Commons-License: 32 International Copyright Regulations – UCLA / IS Feb stro ng copy right copyright enforceme nt

33 This PP file is made publicly available under the following Creative-Commons-License: 33 International Copyright Regulations – UCLA / IS Feb stro ng copy right  Extension of IPR in time  Extension of IPR to living objects and other objects in nature  Extension of IPR to software (still controversial, at least in the EU)  Introduction of some sui-generis-regulation, such as for data bases (as in the EU)

34 This PP file is made publicly available under the following Creative-Commons-License: 34 International Copyright Regulations – UCLA / IS Feb stro ng copy right  Lowering the level of originality for IPR  Extension of IPR to business models  Extension of publication rights  Extension of technical protection of IPR (Digital Rights Management) and legal protection of technical measures  Reducing copyright exceptions (science, private copies,...)

35 This PP file is made publicly available under the following Creative-Commons-License: 35 International Copyright Regulations – UCLA / IS Feb stro ng copy right Extension of IPR in time Sonny Bono) Copyright Term Extension Act also: "The Mickey Mouse Protection Act" Bono: an American record producer, singer, actor, and politician Bono, respectively Mary Bono, his widow, wanted copyright to last forever – but this (“forever”) was considered a violation of the Constitution – “limited time” Proposal Jack Valenti (Motion Picture Association of America): "forever less one day"

36 This PP file is made publicly available under the following Creative-Commons-License: 36 International Copyright Regulations – UCLA / IS Feb stro ng copy right Extension of IPR in time years Before : single author´s copyright 50 years after his death corporations´ copyright 75 years after invention Then : single author´s copyright 70 years after his death (Mickey mouse – invented 1928 – to be expired 2003) corporations´ copyright 95 years after invention (Mickey mouse extended till 2023)

37 This PP file is made publicly available under the following Creative-Commons-License: 37 International Copyright Regulations – UCLA / IS Feb Exceptions – Teach act „Schranken“ for education/sci ence

38 This PP file is made publicly available under the following Creative-Commons-License: 38 International Copyright Regulations – UCLA / IS Feb Exception s Teach act C.L.Ashley: The Teach Act... EDUCAUSE Vo: 2004, Issue 13

39 This PP file is made publicly available under the following Creative-Commons-License: 39 International Copyright Regulations – UCLA / IS Feb Exception s Teach act C.L.Ashley: The Teach Act... EDUCAUSE Vo: 2004, Issue 13

40 This PP file is made publicly available under the following Creative-Commons-License: 40 International Copyright Regulations – UCLA / IS Feb Except ions Teach act Laura N. Gasaway 2002

41 This PP file is made publicly available under the following Creative-Commons-License: 41 International Copyright Regulations – UCLA / IS Feb Except ions Teach act Laura N. Gasaway 2002

42 This PP file is made publicly available under the following Creative-Commons-License: 42 International Copyright Regulations – UCLA / IS Feb Except ions Teach act Laura N. Gasaway 2002

43 This PP file is made publicly available under the following Creative-Commons-License: 43 International Copyright Regulations – UCLA / IS Feb Except ions Teach act Laura N. Gasaway 2002

44 This PP file is made publicly available under the following Creative-Commons-License: 44 International Copyright Regulations – UCLA / IS Feb Except ions Teach act Laura N. Gasaway 2002

45 This PP file is made publicly available under the following Creative-Commons-License: 45 International Copyright Regulations – UCLA / IS Feb § 52a Germa n Copyri ght Act Teaching Exceptions in European Copyright. Law – Important Policy Questions Remain Silke Ernst & Daniel M. Haeusermann Germany The German Copyright Act from 1965 as amended by September 10, 2003, states in Section 52a (1) no. 1 the permissibility of “making available to the public small portions of published works, other short works, or individual contributions to newspapers or periodicals, exclusively for purposes of illustration for teaching, for students and other participants in instruction in schools, universities, post-secondary institutions, and noncommercial career- training institutions. Access must be restricted to a limited circle of participants.“ Levies for each use needs to be paid for a collecting society

46 This PP file is made publicly available under the following Creative-Commons-License: 46 International Copyright Regulations – UCLA / IS Feb information autonomy - NIH Cornyn/Liebe rman § 38 UrhG-D

47 This PP file is made publicly available under the following Creative-Commons-License: 47 International Copyright Regulations – UCLA / IS Feb inform ation autono my Germany UrhG § 38 Beiträge zu Sammlungen (1) Gestattet der Urheber die Aufnahme des Werkes in eine periodisch erscheinende Sammlung, so erwirbt der Verleger oder Herausgeber im Zweifel ein ausschließliches Nutzungsrecht zur Vervielfältigung und Verbreitung. Jedoch darf der Urheber das Werk nach Ablauf eines Jahres seit Erscheinen anderweit vervielfältigen und verbreiten, wenn nichts anderes vereinbart ist. participants.“ Germany UrhG § 38 Articles in journals (periodicals) (1) If the author agrees to have their work published in a periodical, then the publisher normally receives the exclusive copy and dsitribution rights. Neverthess, after a period of 12 months the author resumes his originals rights, in particular to make copies of his work and distribute it, if nothing else has been agreed upon in their contract.

48 This PP file is made publicly available under the following Creative-Commons-License: 48 International Copyright Regulations – UCLA / IS Feb inform ation autono my Germany The second chamber of parliament, the representatives of the states, have suggested that the embargo time should be shortened to at least 6 months and, more important, that this norm is mandatory and cannot be waved. Similar, originally U.S. National Institute of Health (NIH) (Bethesda, Maryland) - after protest from publishera afterwards 12 months again Initiative by John Cornyn (R -Texas) and Joe Lieberman („D“- Connecticut) "Federal Research Public Access Act of 2006" – FRPAA CornynJoe Lieberman

49 This PP file is made publicly available under the following Creative-Commons-License: 49 International Copyright Regulations – UCLA / IS Feb inform ation autono my "Federal Research Public Access Act of 2006" – FRPAA „Congress finds that (1) the Federal Government funds basic research and applied research with the expectation that new ideas and discoveries that result form the research, if shared and effectively disseminated, will advance science and improve the life and welfare of people of the United States and around the world; and (2) the Internet makes it possible for this information to be promptly available to every scientist, physician, educator and citizen at home, in school, or in a library.“ “The Cornyn-Lieberman bill would create unnecessary costs for taxpayers, place an unwarranted burden on research investigators, and expropriate the value-added investments made by scientific publishers-many of them not-for-profit associations who depend on publishing income to support pursuit of their scholarly missions, including education and outreach for the next generation of U.S. scientists“ Professional Scholarly Publishing Division of the Association of American Publishers (AAP-PSP)

50 This PP file is made publicly available under the following Creative-Commons-License: 50 International Copyright Regulations – UCLA / IS Feb inform ation autono my The Alliance for Taxpayer Access 1. American taxpayers are entitled to open access on the Internet to the peer-reviewed scientific articles on research funded by the U.S. Government. 2. Widespread access to the information contained in these articles is an essential, inseparable component of our nation’s investment in science. 3. This and other scientific information should be shared in cost-effective ways that take advantage of the Internet, stimulate further discovery and innovation, and advance the translation of this knowledge into public benefits. 4. Enhanced access to and expanded sharing of information will lead to usage by millions of scientists, professionals, and individuals, and will deliver an accelerated return on the taxpayers' investment.

51 This PP file is made publicly available under the following Creative-Commons-License: 51 International Copyright Regulations – UCLA / IS Feb potentia ls for develop ment

52 This PP file is made publicly available under the following Creative-Commons-License: 52 International Copyright Regulations – UCLA / IS Feb Knowledge and information have potentials for development (to make a difference) economically socially politically individually culturally balances poten tials for devel opme nt

53 This PP file is made publicly available under the following Creative-Commons-License: 53 International Copyright Regulations – UCLA / IS Feb balances knowledge is principally a public good (belongs to the commons) - information products can be privatized balances socially/politically determined, according to changing levels of acceptance for IPR regulations partially excludablefreely accessible balances technical protectionlegal protection negotiable

54 This PP file is made publicly available under the following Creative-Commons-License: 54 International Copyright Regulations – UCLA / IS Feb technical protection legal protection balances Digital Rights Management Primarily in the entertainment industry music, videos, games, cell phones,... but also for commercial publication services in science, education,and the media

55 This PP file is made publicly available under the following Creative-Commons-License: 55 International Copyright Regulations – UCLA / IS Feb technical protection legal protection balances  Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS-Abkommen) – 199<4  WIPO Copyright Treaty (WCT)  WIPO Performances and Phonograms Treaty (WPPT)  Digital Millennium Copyright Act - USA 1998  European Copyright Directive 2001, to harmonise and update the copyright laws of member states to take account of the Internet and other new technologies  First Adaptation of the European Copyright Directive (“the Directive”) in Germany 2003 – further process („Zweiter Korb“) delayed by the Federal Election 2005

56 This PP file is made publicly available under the following Creative-Commons-License: 56 International Copyright Regulations – UCLA / IS Feb In the last years (since mid 90ies) the balance has been lost for the benefit of economical interest economically socially politically individually culturally imbalances

57 This PP file is made publicly available under the following Creative-Commons-License: 57 International Copyright Regulations – UCLA / IS Feb extension and enforcement of IPR regulation (Technical and legal) extension and enforcement of strong IPR regulation is primarily in the interest of commercial exploitation of existing knowledge  not supportive for the production of new knowledge  not in the interest of cultural development  not in the interest of creators/authors  not in the interest of user  not appropriate for overcoming digital divides

58 This PP file is made publicly available under the following Creative-Commons-License: 58 International Copyright Regulations – UCLA / IS Feb potentia ls for develop ment ?

59 This PP file is made publicly available under the following Creative-Commons-License: 59 International Copyright Regulations – UCLA / IS Feb potential for development WIPO – towards a Development Agenda “Now more than ever before, it has become clear that in the increasingly global, knowledge economy, access to knowledge and technology is indispensable for social and economic development and for the well-being of peoples in all countries” (No. 13 des Proposal) Initiative of Brazil, Argentina (and other countries of the South, supported by many civil society organizations)

60 This PP file is made publicly available under the following Creative-Commons-License: 60 International Copyright Regulations – UCLA / IS Feb potential for development Geneva Declaration on the Future of the World Intellectual Property Organization  “Morally repugnant inequality of access to education, knowledge and technology undermines development and social cohesion”  “Anticompetitive practices in the knowledge economy impose enormous costs on consumers and retard innovation”  “Authors, artists and inventors face mounting barriers to follow-on innovation”  “Concentrated ownership and control of knowledge, technology, biological resources and culture harm development, diversity and democratic institutions”  “Private interests misappropriate social and public goods, and lock up the public domain”

61 This PP file is made publicly available under the following Creative-Commons-License: 61 International Copyright Regulations – UCLA / IS Feb potenzial for development Geneva Declaration on the Future of the World Intellectual Property Organization “Humanity stands at a crossroads – a fork in our moral code and a test of our ability to adapt and grow. Will we evaluate, learn and profit from the best of these new ideas and opportunities, or will we respond to the most unimaginative pleas to suppress all of this in favor of intellectually weak, ideologically rigid, and sometimes brutally unfair and inefficient policies?”  open access  free software  creative commons  knowledge sharing

62 This PP file is made publicly available under the following Creative-Commons-License: 62 International Copyright Regulations – UCLA / IS Feb conclu sion

63 This PP file is made publicly available under the following Creative-Commons-License: 63 International Copyright Regulations – UCLA / IS Feb  reformulation of international IPR – more a means of development than one of control  new ways of deliberative democracy  new ways of media production and interactive usage  new ways of collaborative work in science and economy  new attitudes towards knowledge and information ( sharing, open access ) Changes in information and communication spaces concl usion

64 This PP file is made publicly available under the following Creative-Commons-License: 64 International Copyright Regulations – UCLA / IS Feb consequence s Societies which care more for the protection of intellectual property of existing knowlege and information and for the protection of exploitation rights rather than for the production of new knowledge which can be transformed into innovation and for the sustainability of knowledge in order to allow future generations access to knowlege and information do not thrive and prosper economically, scientifically, politically and culturally.

65 This PP file is made publicly available under the following Creative-Commons-License: 65 International Copyright Regulations – UCLA / IS Feb The more permissive and the more sustainable production and usage of knowledge and information the higher  the level of economics  the lever of science,  the level of democracy and transparency in society consequently, there must not be a contradiction between commercial demands and free access to knowledge and information. to put it differently: consequence s No contradiction between information economy and information ecology

66 This PP file is made publicly available under the following Creative-Commons-License: 66 International Copyright Regulations – UCLA / IS Feb Thank you very much for your attention


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