Intellectual Property & Digital Entertainment Donald R. Simon, J.D./LL.M.

Digital Entertainment Unit 3

Outcomes The history of key innovations in content distribution. The history of key innovations in content distribution. The impact of those innovations. The impact of those innovations.

Digital Entertainment

“The progress of copyright law does not take place by revolutions, but by successive stages. It resembles the growth of a city, in which, as time goes on, some parts are torn down and others are devoted to new uses, while the plan remains the same and the great historic structures are preserved.” ~ ~ ~ former Assistant Register of ~ ~ ~ former Assistant Register of Copyrights Richard DeWolf Copyrights Richard DeWolf

Digital Entertainment History of Copyright: History of Copyright: 1440: 1440: Printing Press with moveable type invented by Johannes Gutenberg. Enabled mass distribution of written works and compositions. Printing Press with moveable type invented by Johannes Gutenberg. Enabled mass distribution of written works and compositions : : Musicians and authors took advantage of the printing press and the ability it afforded them to reach mass audiences cheaply. Musicians and authors took advantage of the printing press and the ability it afforded them to reach mass audiences cheaply.

Digital Entertainment History of Copyright: History of Copyright: Statute of Anne: Statute of Anne: Considered the world’s first CR act. Considered the world’s first CR act. Established that CRs would run for 14 years for new works, with the privilege to renew for an additional 14 years, if the author was still living. Established that CRs would run for 14 years for new works, with the privilege to renew for an additional 14 years, if the author was still living. Designated that existing works got a 21-year extension, before going into public domain. Designated that existing works got a 21-year extension, before going into public domain.

Digital Entertainment History of Copyright: History of Copyright: Copyright Act of 1790: Copyright Act of 1790: Congress passed the first CR act, granting a 14-year CR protection to books, maps, and charts. Congress passed the first CR act, granting a 14-year CR protection to books, maps, and charts.

Digital Entertainment History of Copyright: History of Copyright: Copyright Act of 1831: Copyright Act of 1831: Added music compositions, but not recorded music to CR protection. Added music compositions, but not recorded music to CR protection. Extended the CR term to a second renewal of 14 years (bringing total to 28 years). Extended the CR term to a second renewal of 14 years (bringing total to 28 years). Allowed widows and children to file for CR renewal. Allowed widows and children to file for CR renewal.

Digital Entertainment History of Copyright: History of Copyright: Copyright Act of 1870: Copyright Act of 1870: Prohibited unauthorized new uses of literary works, including derivative works and translations. Prohibited unauthorized new uses of literary works, including derivative works and translations. Act had to be further defined in future court cases. Act had to be further defined in future court cases. The responsibility for administration of CR was centralized in the Library of Congress, rather than in district courts. The responsibility for administration of CR was centralized in the Library of Congress, rather than in district courts.

Digital Entertainment History of Copyright: History of Copyright: Tin Foil Patent: Tin Foil Patent: Edison applies for patent for tin foil cylinder phonograph. Edison applies for patent for tin foil cylinder phonograph. First technology to record sound/music. First technology to record sound/music.

Digital Entertainment History of Copyright: History of Copyright: 1887: 1887: First mass-produced recordings. First mass-produced recordings. 1889: 1889: Jukeboxes is the U.S. Compensation was based on the each jukebox sale, not on each performance. Jukeboxes is the U.S. Compensation was based on the each jukebox sale, not on each performance. 1896: 1896: Piano rolls in mass production. Piano rolls in mass production.

Digital Entertainment History of Copyright: History of Copyright: 1897: 1897: Public performance right granted by Congress. Public performance right granted by Congress. Composers now had control over for- profit performances of their works. Composers now had control over for- profit performances of their works. This amendment still did not cover jukeboxes or nonprofit performances. This amendment still did not cover jukeboxes or nonprofit performances.

Digital Entertainment History of Copyright: History of Copyright: 1909: 1909: Disallowed unauthorized, mechanical reproduction of musical compositions. Disallowed unauthorized, mechanical reproduction of musical compositions. CR term extended to 28 years, renewable for another 28. CR term extended to 28 years, renewable for another 28. Creation of corporate CR where companies can hold CR as well as artists/creators. Creation of corporate CR where companies can hold CR as well as artists/creators.

Digital Entertainment History of Copyright: History of Copyright: 1913: 1913: Creation of ASCAP to strengthen songwriters’ rights. Creation of ASCAP to strengthen songwriters’ rights.

Digital Entertainment History of Copyright: History of Copyright: 1921: 1921: First commercial radio broadcast. First commercial radio broadcast. 1923: 1923: Record sales down, radio listening up. Record sales down, radio listening up. 1939: 1939: BMI created. BMI created.

Digital Entertainment History of Copyright: History of Copyright: Copyright Act of 1976: Copyright Act of 1976: Gave exclusive right to control reproduction of works, once they are expressed in a tangible medium, to CR owners. Gave exclusive right to control reproduction of works, once they are expressed in a tangible medium, to CR owners. Protection was extended for the life of author plus 50 years. Protection was extended for the life of author plus 50 years. Clarified that radio performances and jukeboxes are covered. Clarified that radio performances and jukeboxes are covered.

Digital Entertainment History of Copyright: History of Copyright: Copyright Act of 1976: Copyright Act of 1976: Fair use defined what judges should use to determine what may be fair use of copyrighted material. Fair use defined what judges should use to determine what may be fair use of copyrighted material.

Digital Entertainment History of Copyright: History of Copyright: 1978: 1978: Compact discs introduced. Compact discs introduced. Digital copies last longer and don’t scratch as easily as vinyl records. Digital copies last longer and don’t scratch as easily as vinyl records. As the CD format took hold, it eventually led to increased music portability, commercial reselling (selling of used CDs), and CD rental. As the CD format took hold, it eventually led to increased music portability, commercial reselling (selling of used CDs), and CD rental.

Digital Entertainment History of Copyright: History of Copyright: 1981: 1981: MTV launched. MTV launched. Challenges radio as the discovery vehicle for music and creates a new avenue for the expression of music. Challenges radio as the discovery vehicle for music and creates a new avenue for the expression of music.

Digital Entertainment History of Copyright: History of Copyright: 1988: 1988: CD sales outpace LPs. CD sales outpace LPs Audio Home Recording Act: Audio Home Recording Act: 3% on media and 2% on equipment split between labels and publishers. 3% on media and 2% on equipment split between labels and publishers. Industry abandons cases against private copying, however, Act doesn’t say that private copying isn’t CR infringement, only that no action will be brought. Industry abandons cases against private copying, however, Act doesn’t say that private copying isn’t CR infringement, only that no action will be brought.

Digital Entertainment History of Copyright: History of Copyright: 1995: 1995: Winplay, the first Windows MP3 player, is introduced. So begins the popularization of the MP3 file format. Winplay, the first Windows MP3 player, is introduced. So begins the popularization of the MP3 file format. With Real Player, Real Networks introduces the ability to stream content over the Internet without being able to make permanent copies. With Real Player, Real Networks introduces the ability to stream content over the Internet without being able to make permanent copies.

Digital Entertainment History of Copyright: History of Copyright: Bono CR Extension Act: Bono CR Extension Act: Act extends term of CR to life of author plus 70 years. Act extends term of CR to life of author plus 70 years. 90 years for corporate works for hire. 90 years for corporate works for hire.

Digital Entertainment History of Copyright: History of Copyright: Digital Millennium CR Act: Digital Millennium CR Act: Criminalized trying to circumvent Digital Rights Management (DRM). Criminalized trying to circumvent Digital Rights Management (DRM). Limited online infringement liability for ISPs (“safe harbor”). Limited online infringement liability for ISPs (“safe harbor”). Placed certain limitation on online radio. Placed certain limitation on online radio. Implemented WIPO agreement of Implemented WIPO agreement of 1996.

Digital Entertainment History of Copyright: History of Copyright: 2001: 2001: Sales of blank discs exceed those of prerecorded discs. Sales of blank discs exceed those of prerecorded discs. Apple begins marketing iTunes. Apple begins marketing iTunes. 2003: 2003: More file sharers in U.S. than voters. More file sharers in U.S. than voters.

Digital Entertainment History of Copyright: History of Copyright: 2011 and beyond: 2011 and beyond: What’s next? What’s next?

Assignments Due by the end of Unit 3: Due by the end of Unit 3: Read: Chap. 2 in Copyright’s Highway. Read: Chap. 2 in Copyright’s Highway. Look over: The History of Key Innovations in Content Distribution. Look over: The History of Key Innovations in Content Distribution. “Thomas Edison” Assignment “Thomas Edison” Assignment “Music Content Distribution” DT “Music Content Distribution” DT “Significant Innovations” DT “Significant Innovations” DT

Assignments “Thomas Edison” Assignment: “Thomas Edison” Assignment: Thomas Edison said, “The value of an idea lies in the using of it.” Thomas Edison said, “The value of an idea lies in the using of it.” Now that you have read about the concept of copyright and the history of content distribution, what do you think is the value of an idea, of a work of art, or an expression? Now that you have read about the concept of copyright and the history of content distribution, what do you think is the value of an idea, of a work of art, or an expression?

Assignments “Thomas Edison” Assignment: “Thomas Edison” Assignment: You can conceive your answer to this question as broadly or narrowly as you would like. You can conceive your answer to this question as broadly or narrowly as you would like. Write a brief response to “the value of an idea” question. Write a brief response to “the value of an idea” question.

Assignments “Thomas Edison” Assignment: “Thomas Edison” Assignment: You may use course readings and outside materials as sources. You may use course readings and outside materials as sources. Be sure to anticipate challenges to your argument, and back up your claims with examples. Be sure to anticipate challenges to your argument, and back up your claims with examples.

Assignments “Thomas Edison” Assignment: “Thomas Edison” Assignment: 2 pages double-spaced. 2 pages double-spaced. Viewpoint and purpose should be clearly established and sustained. Viewpoint and purpose should be clearly established and sustained. Assignment should have correct grammar, punctuation, etc. Assignment should have correct grammar, punctuation, etc. Writing should be well ordered, logical and unified, as well as original. Writing should be well ordered, logical and unified, as well as original.

Assignments “Thomas Edison” Assignment: “Thomas Edison” Assignment: Your work should display superior content, organization, style, and mechanics. Your work should display superior content, organization, style, and mechanics. Appropriate citation style should be followed. Appropriate citation style should be followed. Submit your outline to the Dropbox by the end of Unit 3. Submit your outline to the Dropbox by the end of Unit 3.

Assignments “Music Content Distribution” DT: “Music Content Distribution” DT: How has music content distribution changed from the time before the printing press and music reproduction to now? How has music content distribution changed from the time before the printing press and music reproduction to now? How have these changes impacted both the artists and the public? How have these changes impacted both the artists and the public?

Assignments “Significant Innovations” DT: “Significant Innovations” DT: Identify the 2-3 most significant innovations in content distribution. Identify the 2-3 most significant innovations in content distribution. Why are these important? Why are these important?

Outcomes The history of key innovations in content distribution. The history of key innovations in content distribution. The impact of those innovations. The impact of those innovations.

Outcomes Questions?

Have a Great Week!