1 Lecture 13: Makers, Keepers: Professor Victoria Meng Does information want to be free?

2 Lecture Outline I. Property is a social construct. II. Copyright serves two interests. III. We determine the future of IP creation/distribution in the world.

3 There are many “hot topics” about the impact of emerging digital media. Unit Three: Identity and Community

4 There are many “hot topics” about the impact of emerging digital media. We have completed the more theoretical part of the course and established common ground. Unit Three: Identity and Community

5 There are many “hot topics” about the impact of emerging digital media. We have completed the more theoretical part of the course and established common ground. We can now put theory into practice: who are YOU and how have digital media shaped your identity? Unit Three: Identity and Community

6 Public Service Announcement Check out “FMS 110: Introduction to New Media” for more information on intellectual property, copyright, fair use, and related concepts and history.

7 The Social Contract “Every law the people has not ratified in person is null and void — is, in fact, not a law.” -Rousseau The Social Contract, Or Principles of Political Right (Jean-Jacques Rousseau, 1762)

8 Problems with Social Contracts We all need to agree to surrender some freedoms in order to preserve social order. The Social Contract, Or Principles of Political Right (Jean-Jacques Rousseau, 1762)

9 I. Property is a Social Construct Government and Economy are Linked

10 I. Property is a Social Construct What constitutes property? - Tangible goods. - People? - Ideas?

11 I. Property is a Social Construct What constitutes property? Who can own property? - Individuals. - Organizations.

12 I. Property is a Social Construct What constitutes property? Who can own property? What can one do with the property that one owns? - Use, trade, discard, etc.

13 I. Property is a Social Construct What constitutes property? Who can own property? What can one do with the property that one owns? How is the value of property set?

14 Tangent: History and Progress Back to the Future III (Robert Zemeckis, 1990)

15 Tangent: History and Progress Values arise in relation to changing needs, and progress is not inevitable. Timepieces: Stonehenge v. Rolex

16 Intellectual Property (IP): copyright, patents, trademarks. Constructing Intellectual Property

17 Constructing Intellectual Property

18 Intellectual Property (IP): copyright, patents, trademarks. Information does not behave like goods: it is less limited by scarcity and harder to be monitored for use. Constructing Intellectual Property

19 Constructing Intellectual Property Blue curve: Supply Red curve: Demand X marks the spot

20 Constructing Intellectual Property

21 Constructing Intellectual Property Blue curve: Supply Red curve: Demand X marks the spot

22 Intellectual Property (IP): copyright, patents, trademarks. Information does not behave like goods: it is less limited by scarcity and harder to be monitored for use. Lack of economic incentives can lead to low production of intellectual property. Constructing Intellectual Property

23 Please study Miller, , Constructing Intellectual Property

24 “The Congress shall have Power… 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.” Article I, Section 8, Clause 8 US Constitution II. Copyright’s Dual Purpose

25 “The Congress shall have Power… 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.” Article I, Section 8, Clause 8 US Constitution II. Copyright’s Dual Purpose

26 II. Copyright’s Dual Purpose Please study Flew,

27 II. Copyright’s Dual Purpose I. Authors/Inventors: Exclusive right (legal monopoly)

28 II. Copyright’s Dual Purpose I. Authors/Inventors: Exclusive right (legal monopoly) Right to trade the right and to make derivative works J. K. Rowling

29 II. Copyright’s Dual Purpose II. Society: A work enters the public domain when its copyright expires A Fair(y) Use Tale (Faden, 2007)

30 II. Copyright’s Dual Purpose II. Society: A work enters the public domain when its copyright expires -Constitution: = : = : multi-media; = : major revision; life of author + 50 = a LONG time

31 II. Copyright’s Dual Purpose II. Society: A work enters the public domain when its copyright expires -1998: Sonny Bono Copyright Term Extension Act: life of author + 70 = REALLY LONG time -1998: Digital Millennium Copyright Act (DMCA): criminalizes individual unauthorized digital copying

32 II. Copyright’s Dual Purpose II. Society: Copyrighted materials can be used without payment under “Fair Use” principles (1976) 1. Purpose 2. Medium 3. Amount 4. Impact

33 II. Copyright’s Dual Purpose The Hunt for Gollum (Bouchard et al, 2009)

34 Repeated extensions of copyright policy have reduced the benefits of IP production. Objections to copyright today: - Consumers: prices are too high - Creators: hampered creativity - Academics: benefits distributors and conglomerates II. Copyright’s Dual Purpose

35 The Future of IP in the World

End of Lecture 13 Next Lecture: Super-Participation: Why are people scared of fans and gamers? 36