lessons from copyright in action for copyright reform
TRANSCRIPT
LESSONS FROM COPYRIGHT IN ACTION FOR COPYRIGHT REFORM
Leonhard DobuschUniversität Innsbruck - Department of Organization and Learning
Balancing Intellectual Property Claims and the Freedom of Art and Communication March 30 - April 1, 2016, Center for Interdisciplinary Research, Universität Bielefeld
#0 PROLOGUE
the growth of intellectual property in recent years has been uncontrolled to the point of recklessness. (p. 147)
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The [copyright] law seemed suddenly to metastasize. (p. 153)
The field of intellectual property can begin to resemble a game of conceptual Pac Man in which everything in sight is being gobbled up. (p. 156)
David Lange (1981): Recognizing the Public Domain, In: Law and Contemporary Problems, 147
SHIFTING BASELINE
Shifting environmental baselines are inter-generational changes in perception of the state of the environment. As one generation replaces another, people’s perceptions of what is natural change even to the extent that they no longer believe historical anecdotes of past abundance or size of species
Sáenz-Arroyo et al. (2005: 1957)
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#1 COPYRIGHT IN THE BOOKS
CORNERSTONES OF COPYRIGHT IN THE BOOKS
(1) RIGHTS CLEARING IN EACH INDIVIDUAL CASE
(2) NO REGISTRATION REQUIREMENTS
(3) EVER LONGER PROTECTION TERMS
Using a copyrighted work…
…on a private, not-for-profit website
(e.g., personal blog)
…for private purpose on a commercial platform
(e.g., YouTube, Twitter)
…for commercial, for-profit purposes
…in small parts for creating a new work
(e.g., remix, sampling)
Prohibited without clearing copyrights
Prohibited without clearing copyrights
Prohibited without clearing copyrights
…as a whole for a new work
(e.g., background music)
Prohibited without clearing copyrights
Prohibited without clearing copyrights
Prohibited without clearing copyrights
…as whole without creating a new work
(e.g., illustrative image)
Prohibited without clearing copyrights
Prohibited without clearing copyrights
Prohibited without clearing copyrights
COPYRIGHT IN THE BOOKS
#2 COPYRIGHT IN ACTION
Forty-four per cent of all internet users aged 12+ claimed to be either ‘not particularly confident’ or ‘not at all’ confident in terms of what is legal and what isn’t online.
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Online copyright infringement tracker benchmark study, commissioned by the Office of Communications (Ofcom) UK, 2012
Of course, we don't have any special rights. We only used free YouTube material. And the YouTube terms allow anyone to use, to reproduce and to create derivative works including their public display on Youtube for free. For more, see here in the YT terms. - Best regards, the online editorial office
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DO COPYRIGHT EXPERTS KNOW?
ILLEGAL IN SPITE OF NON-INFRINGING PRACTICES?
Arista v. Limewire (2010)A&M Records v. Napster (2001)
LEGAL IN SPITE OF INFRINGING PRACTICES?
Viacom v. YouTube (2007)
Note: Music includes music videos
Sources: SNL Kagan, SESAC, Activate analysis 42
STREAMING AUDIO
www.activate.com
If we isolate YouTube’s audio usage, online music was dominated by three services last year — with different user experiences and monetization models
3%
3%
4%
5%
5%
5%
6%
12%
32%
53%
0% 25% 50%
N.B.: Survey predates launch of Apple Music
Music Sources Used, U.S., 2014
Music Streaming Service
Other Service
PERCENTAGE OF INTERNET ADULTS, PAST 3 MONTHS
RADIO
LEGAL IN SPITE OF INFRINGING PRACTICES?
YOUTUBE AS A MUSIC LIBRARY
Views of No-1-Hits from the USA,
France & Brazi l from 1930-1960
Source: Heald, P.J. (2013): How Copyright Keeps Works Disappeared, http://ssrn.com/abstract=2290181
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ENFORCEMENT AND MONETIZATION
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COPYRIGHT IN THE BOOKS
(1) RIGHTS CLEARING IN EACH INDIVIDUAL CASE
(2) NO REGISTRATION REQUIREMENTS
(3) EVER LONGER PROTECTION TERMS
THE »YOUTUBE COPYRIGHT«
(1) ONE STOP SHOP
(2) MANDATORY REGISTRATION
(3) USE IT OR LOSE IT
#3 CONCLUSION
#1 WITHOUT REFORM, GOOGLE WINS
#2 YOUTUBE SHOWS THE WAY FOR REFORM
#3 REGISTER, ONE-STOP-SHOP, USE IT OR LOSE IT
#4 EPILOGUE
Using a copyrighted work…
…on a private, not-for-profit website
(e.g., personal blog)
…for private purpose on a commercial platform
(e.g., YouTube, Twitter)
…for commercial, for-profit purposes
…in small parts for creating a new work
(e.g., remix, sampling)
legal due to quotation and remix exception
legal due to quotation and remix exception
legal with standardized collecting society fee (analogous to covers)
…as a whole for a new work
(e.g., background music)
legal due to remix exception, lump-sum
compensation
legal due to remix exception, compen-sation by platform
Prohibited without clearing copyrights
…as whole without creating a new work
(e.g., illustrative image)
notice free of charge, capped fee („ticket“)
notice free of charge, compensation by
platform
Prohibited without clearing copyrights
REFORMED COPYRIGHT
CONTACTE-Mail: [email protected]
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Blog:http://www.governancexborders.com