Digital CopyrightDigital CopyrightTopic outlineTopic outline

1 General Problem1 General Problem

2 Difference between Patent and IP, 2 Difference between Patent and IP, what is Copyright and why was ist created?what is Copyright and why was ist created?

3 Current Copyright and the Digital Age3 Current Copyright and the Digital Age

4 Copyright of the United States4 Copyright of the United States Law and LobbyLaw and Lobby

5 The European Union Copyright Directive (EUCD) 5 The European Union Copyright Directive (EUCD) and the German Legislationand the German Legislation

6 Conclusion and an outlook6 Conclusion and an outlook

PresentationPresentationDigital Copyright in age of InternetDigital Copyright in age of Internet

General Problem:General Problem:

extend the possibilities to copy digital contentonly limited lawful possibilities to proceed against piratiryInfringement from copyright and related rightsD.C. includes almost everyone: authors, publishers, consumers, libraries, the educational and Research insititutions and goverments.Different points of view.Everybody plays multiple roles with different intentions.It depends on what you are doing at the moment: at work, at school, at freetime.

The aim:The aim:To introduce in the current and difficult Problem of Copyright!

PresentationPresentationDigital Copyright in age of InternetDigital Copyright in age of Internet

The ease of copying and the The ease of copying and the possibility of reproduction raise possibility of reproduction raise the Question:the Question:

„„Can Copyright adjust to the Can Copyright adjust to the Internet or Internet or

should the Internet adjust to should the Internet adjust to the Copyright ?“the Copyright ?“

Digital CopyrightDigital Copyright2. Difference between Patent and IP2. Difference between Patent and IP

It regulates the reproducion of material works

It must be granted

It lasts 20 Years than it has to be extended

Problem: an intensive patent-research. Existing Patents may not be infringed.

Subject

Invention

Patent

Mind

Idea

Intellectual Property

Transforming

It regulates the copy of Intellectual works, like music, literature and films, computer programs and paintings

It is valid at once

It lasts 70 Years after death of the author (Ger)

independent Development is possible, so there is no risk of infringement

Digital CopyrightDigital Copyright2. What is Copyright and why Copyright?2. What is Copyright and why Copyright?

What is Copyright?

A form of Intellectual Property for a defined period of time.

„fixed in tangible form“

Why Copyright?

It secures his holder the exclusive right

to produce copies,

to sell these copies,

to import or export the work.

to perform or to display the work public.

to create derivate works.

to sell these rights to others.

Producers get the control of the distribution (copy of the work) for extended time-limit.

Digital CopyrightDigital Copyright2.1 Why was it created?2.1 Why was it created?

The creator of a new work as well as the public are able to get all the benefits of the creation of a new original work

to protect the particular expression in a work

no protection of the underlying facts, systems or methods

Example: Mickey Mouse cartoon doesn´t prevent others to create a talking mouse.

Prohibits others the right to distribute Disney‘s Cartoon

Prohibits to create derivate works closely copying that particular talking mouse.

Both, copyright and patent, grant certain „exclusive rights“.

Digital CopyrightDigital Copyright 2.2 Current Copyright exceptions 2.2 Current Copyright exceptions

„First sale doctrine“

limits the control of holders about copies of a work

„Fair use doctrine“

limits the monopol of copyright-holders for users of education, the use of private study and the satire.

„public domain“

When copyright expires, the work enters in public domain.

Anyone can use that work for any purpose.

Digital CopyrightDigital Copyright 3. Current Copyright and the Digital Age 3. Current Copyright and the Digital Age

Fair use and First sale

The content industry fears:

to lose the control over they copyrighted content. This threatend their profit.

The content industry fears:

Fair use as an excuse for individuals who copy other works.

The entertainment industry fears:

The first sale will permit their first buyer to redistribute a work for free. The authorship incentives will be destroyed.

Digital CopyrightDigital Copyright4. Copyright Law of the United States4. Copyright Law of the United States

United States Constitution

The Congress shall have the power …

To promote the Progress of Science and useful arts, by securing for limited Times to Authors and Inventors the exclusive Rights to their respective Writings and Discoveries.

The statute of Anne created by British Parliament in 1710 the first Copyright law.

The U.S. passed its first copyright statute in 1790.

Digital CopyrightDigital Copyright 4. Copyright Law of the United States 4. Copyright Law of the United States

The United States Code (U.S.C) is the general and permanent federal Law of the U.S.

The U.S.C is divide in 50 Titels: Titel 17 is Copyright and Titel 35 is Patents (http://www.copyright.gov/title17)

„provide the general welfare“ and „promote the progress of science and useful arts“.

granting creators temporary monopol rights over their work will encourage them to create more.

ensure that new knowledge will be developed and circulated through the society.

Digital CopyrightDigital Copyright 4.1 The tightening up of the Copyright Law 4.1 The tightening up of the Copyright Law

According to the Copyright-Lobby and entertainment-industry, the Copyright should intensified,

1. Right for multiply:

2. Right for accessibility:

3. Right for technical protection:

4. Right for protection of Copyright Management Information:

5. Right for liability and Information:

Digital CopyrightDigital Copyright4.2 The tightening up of the Copyright Law in the 90‘s in 4.2 The tightening up of the Copyright Law in the 90‘s in

U.SU.S

The World Intellectual Property Organization (WIPO)

Founded 1970, is one of the spezialized agencies of the U.N.„Promotion of creative intellectuall activity and the facilitations of the transfer of technology related to IP to developing countries in order to accelerate economic, social and culture development“1996 WCT (WIPO Copyright Treaty)

WPPT (WIPO Performance & Phonogram Treaty)WCT is applied to computer programs, compilation of data (like databases), cinematographic works and sound recordings.WPPT covers Performances and soundcarriers

It is engaged in follwing rights:Right for multiplicationRight for accessibilityRight for technical protectionRight for Copyright Management Information

Critique: aggressively promoting the interests of IP and Copyright owners.

Digital CopyrightDigital Copyright4.2 The tightening up of the Copyright Law in the 90‘s in 4.2 The tightening up of the Copyright Law in the 90‘s in

U.SU.S

The No Electronic Theft Act (NET-Act) in U.S.A

Amends the title 17 and 18 of U.S. Code (http://www.usdoj.gov/criminal/cybercrime/17-18red.htm)

5 Years under arrest (or/and 500.000$ cash penalty) for exchange for copyright protected Materiel, if the value more than 1000$

Very restrictiv Law (for general public)

Everybody can be criminalized even if no monetary profit or commercial interest.

Extends the criminal statute of limitations from 3 to 5 years.

Digital CopyrightDigital Copyright4.2 The tightening up of the Copyright Law in the 90‘s in 4.2 The tightening up of the Copyright Law in the 90‘s in

U.SU.S

The Digital Millenium Copyright Act (DMCA) in U.S.A

Signed into law from President Clinton on October 28, 1998is a controversal U.S copyright law DMCA is a response of the content industryCriminalizes production and dissemination of technology that can circumvent protected copyrightamends the title 17 to extend the reach of copyrightHeightens the penalties for copyright infringement on the internetbut, limited the liability of Providers from Copyright infringement by their users

Three are considered:Right for technical protectionRight for Copyright Management InformationRight for liability and Information

Digital CopyrightDigital Copyright 4.3 Recording Industry Association of America 4.3 Recording Industry Association of America

Some statements (Music and the Internet):

Possibilities for the Music industry: for fans, artists and record companies also. The Opportunities offered by the new technologies seems limitless. At the same time, the advantage of those opportunities, it is crucial that the artists who produce the music are not taken advantage of. That is not fair and it will hurt our creative future.

RIAA´s goals:

To work with our industry and others to enable technologies that open up new opportunities and at the same time protecting the rights of artist and copyright owners

Digital CopyrightDigital Copyright4.3 Recording Industry Association of America4.3 Recording Industry Association of America

Core of the P2P MP3 file sharing controversy

the exchange with copyright-protected contents and file-sharing developed in 1999 to an Internet-Hype, although copyright-laws are existing.

RIAA sued against Napster (6 March 2001) with the succeed that Napster disappear.

Problem: Other new Programs has been developed by decentral searching-Algorithms, they couldn‘t be eliminated yet.

RIAA changes his strategy:

now users from P2P-Networks are sued.

Between 8. Sep. 2003 and 6. Mar. 2005 were (at least) 12840 User sued, about 9231 in the whole USA and 2864 in Europa (168 User in Germany)

Consequence:

A new form af property is established: The intellectual Property, and this with deterrence, fear and propaganda.

Digital CopyrightDigital Copyright5. Copyright law of the European Union5. Copyright law of the European Union

The European Union Copyright (EUCD)

Directive 2001/29/EC of the European Parliament (May 22, 2001)

Controls the right in digital, in the online-area and the copyright definition .

Aim: Harmonsation of aspects of copyright and related rights in the information society

EU‘s implementation of the 1996 WCT

Time-limit for state change-direction 22.12.2002

Critigue:

Controversal Directive: most heavily Lobby paper to pass the EP.

Generally regarded as a victory for copyright-owning interest over copyright-users interest.

Many important details are not specified.

EU member states have significant freedom for certain aspects of implementation

Four of five changes are considered:

Right for multiply

Right for accessibility

Right for technical protection

Right for Copyright Management Information

Digital CopyrightDigital Copyright5.1 Germans adaption of EUCD directive5.1 Germans adaption of EUCD directive

The EU has made various EU directives on copyright law which member states has to implement.

„1. Korb“ was the first draft (infosoc directive) of the German goverment to implement into German UrhG

Since Sep. 29, 2004 the draft for 2.Korb of the UrhG-Reform was published.

BMJ has set a time limit to express the opinion on the draft. End on Nov. 13, 2004.

More than 60 Statements are published (http://www.urheberrecht.org/topic/Korb-2/)

less are recommends the draft, more against.

One of them: the so called

„action-alliance“:

Goettinger Declaration to Copyright for Education and Research from July 5, 2004 (http://www.urheberbuendnis.org/)

Digital CopyrightDigital Copyright5.2 Goettinger Declaration to Copyright for Education & Research5.2 Goettinger Declaration to Copyright for Education & Research

Annotation: How accessible are Information and knowledge? Will decide on education and Develop-opportunity of every citizen in the Information-societyLegal rules have an effective influence on the question, if in our society an open and connected Communication- and Information-structure is possible.

Problem:At the adaption from 2001/29/EU to UrhG are only the rights for the commercial Industry considered.The Chances of the new electronical medium aren´t for the benefit of the general public.

It is important, that the digital media and Communication-systems are useful for the general public, particular for the education and research institutions

Demands:legal reliability, because the §52a, §53 can‘t interpreted by laymans and lawyer.

Digital CopyrightDigital Copyright5.2 Goettinger Declaration to Copyright for Education & Research5.2 Goettinger Declaration to Copyright for Education & Research

The Declaration includes the following demands:

Accessability to digital media and Communicationsystems for the society and particular for the research.

This should not be regulated by the private economical market.

In einer digitalisierten und vernetzten Informationsgesellschaft muss der Zugang zur weltweiten Information für jedermann zu jeder Zeit von jedem Ort

für Zwecke der Bildung und Wissenschaft sichergestellt werden!

„In a digital and connected Information-Society, the access for the world wide Information should be provided everybody, at every time on every place for

the purpose of education and sciences.“

Digital CopyrightDigital Copyright5.2 Goettinger Declaration to Copyright Examples5.2 Goettinger Declaration to Copyright Examples

Example: On-the-Spot-Consultation

special electronical Terminals, to whom copyright protected works are readable.

Problem:Terminals are only allowed in Public Libraries, Museum and Educations.

not allowed for example in libraries of institutes and others smaller institutions.

§52b (UrhG) regulates, that not more copies may be accessable at the same time than the stock of the Library.

Strange: This limitation is not pretended in the EU-directive and the benefit of the electronical accessibility fails.

Digital CopyrightDigital Copyright5.2 Goettinger Declaration to Copyright Examples5.2 Goettinger Declaration to Copyright Examples

The Seminar-Copy:

A Teacher would like to talk about a part of an essay. He makes 20 copies for his students.

This is forbidden,

because §53 is too restrictive.

(http://www.urhberrechtsbuendnis.de/fall_seminarkopie.html)

Museums PC´s:

The Museeum has setted up some PC´s for his visitors to show light-sensitive handpaintings via intranet.

This forbidden,

because §53 is too restrictive, §58: you need a permission of the copyright holder (VG Bild-Kunst)

(http://www.urhberrechtsbuendnis.de/fall_museum.html)

Laws are arcane and unclear, are very complicated

It is part of making money.

It seems to be a never ending fight between new technolgies, the laws and the interests of the individual (as a publisher, consumer, producer or dealer)

Today it is a topic you can really want it to bring up at a party.

It exist a „trend“: The stakeholders get together with the U.S Goverment to negotiate the law.

But nobody represents the citizens.

Stop the trend to „pay per play“, „pay per view“, „pay per listen“, …

Copyright it is not a natural law!! It is worth to fight (raise your voice) for a copyright that follow the interest all of us! But it will be complicated!

Digital CopyrightDigital Copyright 6. Conclusion and an Outlook 6. Conclusion and an Outlook

Digital CopyrightDigital Copyright 6. Conclusion and an Outlook 6. Conclusion and an Outlook

What can we do?

The chief purpose of copyright is to promote learning, and learning would be frustrating if facts and ideas could not be freely used and reused.

Give your vote the www.urheberrechtsbuendnis.de that put it for the interest of education and research.

Digital CopyrightDigital CopyrightReferencesReferences

http://en.wikipedia.org/wiki/copyrighthttp://europa.eu.int/comm/internal_market/copyright/overview/http://www.loc.gov/copyright/title17/http://www.riaa.comhttp://www.eff.org/IP/DMCAhttp://www.wipo.org/http://www.urheberrecht.orghttp://www.urheberrechtsbuendnis.dehttp://www.attac.de/wissensallmende/basistext/http://www.ieee-security.org/Cipher/BookReviews/2001/http://www.gseis.ucla.edu/howard/Copyright

Literature:Jessica Litman, Digital Copyright, New York 2001, Prometheus Books, ISBN: 1-57392-889-5,

Digital CopyrightDigital Copyright