Copyright Uppsala 12/ Katarzyna Płaneta-Björnskär Department of Informatics and Media

 Patents protect ideas that are new and applicable to industry.  Trademarks protect symbols distinguishing the products of companies from one another  Copyright protects ‘literary and artistic works’ (the principle is that it protects the expression, not the ideas)

Copyright is a ‘deliberate strategy to impose market disciplines on cultural goods in order that they may be exchanged for a price’. (Freedman)

Daniel Chodowiecki, 1781

Privileges, grants and licenses for printing 1644, John Milton’s “Aeropagitica” – against licensing of print Legally established rights - the rights of the authors - the rights of the printers The Statute of Anne, 1710, considered the world’s first copyright law – recognized copyright as author’s right, required registration, copyright for 14 years, renewable for another 14 years. Two traditions - Anglo-Saxon – copies/copyright - Continental European – authors ideas

“For when [a printer-publisher] shall have set himself to produce a book of rare beauty--which entails the absorption of all his capital in it--should his brother merchants come to hear of it, they use every cunning device to steal the proofs of the new work... and set to... print the book before the original designer of the book can finish his edition, which, when it is ready for issue, finds the market spoiled by the pirated edition.”

International distribution as a problem International recognitions of rights Berne convention 1886 (International Union for the Protection of Literary and Artistic Works) - national treatment - minimum standards of protection - both economic and moral rights Multilateral agreements under the World Intellectual Property Organization (WIPO).

 Goods - General Agreement on Tariffs and Trade  Services - General Agreement on Trade in Services  Intellectual property - agreement on Trade- Related Aspects of Intelectual Property Rights (TRIPS)

 WIPO conference in Geneva, 1996: extension of copyright law to digital terrain and Internet  Digital Millenium Copyright Act, USA 1998  EU Copyright Directive, 2001 Some US examples:  2002 – Consumer Broadband and Digital Television Act – required digital hardware to include government-approved copy-protection systems  2004 – Piracy Deterrence and Education (PIRATE) Act; Inducing Infringements on Copyright (Induce) Act  2005 – Family Entertainment and Copyright Act

 The further deployment of copy protection technologies  The attempt to hack into unlicensed music files – spoofing  The purchase of selected P2P ventures  The launching of marketing and educational campaigns  The litigation of companies and individuals engaging in unlicensed downloading  The launching of legal download services

A right to reproduction - e.g. making copies Right to communicate the work to the public - public communication/display - distribution of work

Right to authorship - author should be given credit Right to respect - disrespectful changes of the work - use in disrespectful way/settings

The specific expression of an idea is protected – combination of form and content Work should show originality Work should show independence from other works Works should express creativity

Ideas Facts Smaller compilations of facts Standardized messages Mechanical or non-human works

Literary works Artistic works Derivative works - adaptations - translations - collections

Exclusive rights - focusing on author/owner of copyright - owners may sell all or part of right - common good grows from private rights Inclusive rights - focus on audience/users from start - common good grows from common use

Time limit – 70 years after the death of the author, then into public domain (EU-rules), 95 years in the USA Public and private reasons - Official acts, public security, legal procedures - News of the day, right to information - Quotes - Private use and copies – fair use, education, parody (purpose, amount, nature of work, market effect) + universal access to knowledge

FLOSS Free/Libre/Open Source Software Free software movement - Freedom to run programs - Freedom to study and adapt programs - Freedom to redistribute copies - Freedom to improve programs and redistribute updates publicly Open Source initiative – give access to program coding Linux operating system – most known example

Freeware - no economic rights, some moral Shareware - some economic, moral rights Creative commons license - moral rights – attribution, respect purpose - author openness approach - “copy-left principle”

Free to share - copy, distribute, display, perform Free to remix - to make derivative works Attribution - to name author/license holder Respect selected use - non commercial use must be respected Share alike - if you alter the work you must use same or similar license No derivatives - a license where you don't allow remixing