Taking the Copyfight Online: Comparing the Copyright Debate in Congressional Hearings, in Newspapers, and on the Web
by Bill Herman
Journal of Computer-Mediated Communication
Volume 17, Issue 3, pages 354–368, April 2012
This article examines the rhetoric around copyright and the regulation of digital rights management (DRM) from 2003 to... more This article examines the rhetoric around copyright and the regulation of digital rights management (DRM) from 2003 to 2006 in congressional hearings, in major newspapers, and on the most prominent relevant websites. The article describes a new combination of methods for identifying a set of online documents to compare with offline documents via content analysis. These three media present very different views of the copyright debate. Hearings present a rough balance of both coalitions' messages. Newspapers lean slightly toward stronger fair use but have little coverage. The online debate features a deluge of strong fair use arguments. These findings highlight different communication strategies and suggest broader lessons about the changing nature of policy advocacy and the policymaking process.
Global Intellectual Property Law
Co-authored with Uma Suthersanen. Published in Giuliana Ziccardi Capaldo, ed, The Global Community: Yearbook of International Law and Jurisprudence 2010. Oxford University Press, 2012
The geography of economic and material success is in a state of flux. Some emerging nations are moving towards... more The geography of economic and material success is in a state of flux. Some emerging nations are moving towards catch-up with the developed countries. For some, the intellectual property legal framework is a major factor in wealth creation. But what kind of framework is appropriate? Neither history nor economic analyses can prove that having an intellectual property system is better than not having one. A more interesting question, which historical and economic analyses could help answer, is what kind of system should countries have to further their development priorities? The chapter focuses on two major development issues: education and food security. We look in particular at concerns that trends in copyright and plant variety protection, and the way that harmonisation of rights is promoted, may be harmful to developing countries. International law must provide greater space for intellectual property rule differentiation than some current trends may allow, avoiding inappropriate harmonisation.
Review : Quand Google Défie Le Droit - Alain Strowel (2011)
Auteurs & Media, 6/2011, p. 605
Dans son dernier livre, Alain Strowel analyse les enjeux juridiques autour des services en ligne proposés par Google.... more
Dans son dernier livre, Alain Strowel analyse les enjeux juridiques autour des services en ligne proposés par Google. La thèse principale du livre est que lorsqu'un acteur aussi incoutournable que Google défie le droit, il participe à l'écriture du droit de l'Internet. Les innovations introduites par le géant américain ont souvent suscité d'intéressants développements dans la jurisprudence, qui servent de fil rouge au propos de l'auteur.
Après avoir résumé les principaux chapitres, nous ferons un commentaire critique sur un ouvrage couvrant de manière pédagogique et stimulante une large palette de thématiques du régime juridique des droits intellectuels dans l'environnement numérique.
Secondary liability in copyright infringement: still no 'Newz'?
by Ryan Hocking
'Entertainment Law Review', Issue 23(4) [2012] 83-90
LiquidPublications and its technical and legal challenges
by Judith Simon
Co-authored with: N. Osman, C. Sierra, J. Sabater-Mir, J.R. Wakeling, G. Origgi, R. Casati, published in: Bourcier, D. , Casanovas, P., Dulong de Rosnay, M., Maracke, C.: Intelligent Multimedia: Managing Creative Works in a Digital World, Florence: European Publishing Academic Press. Here is the link to the complete book: http://creativecommons.fr/wordpress/wp-content/uploads/2011/05/CCiBook
This paper proposes a new paradigm for dealing with scienti c knowledge in general, and publications in particular.... more
This paper proposes a new paradigm for dealing with scientic knowledge in general, and publications in particular. The paradigm aims at changing the way in which knowledge is produced, disseminated, evaluated, and consumed.
A formal model is proposed and the issues of credit attribution, copyrights and licensing, which are crucial for the success of any new model, are addressed.
Configurable Culture: Mainstreaming the Remix, Remixing the Mainstream
My 2007 doctoral dissertation from USC Annenberg.
This dissertation examines the emergence of new musical aesthetics and practices based around networked media... more
This dissertation examines the emergence of new musical aesthetics and practices based around networked media technologies, from remix music to file sharing, and argues that these “configurable” technologies and practices compel us to
reexamine our assumptions about both cultural production and social organization. The research is multi-theoretical and multi-methodological, bringing together elements of cultural studies, social network analysis, personality psychology, art history, and musicology, and drawing data primarily from personal interviews with musicians, music industry executives, and attorneys, as well as self-reported attitudes about emerging cultural practices from a survey of 1,765 American adults.
I begin by reviewing the social history of musical regulation, and the resistance that this regulation has engendered. I also propose a mechanism by which musical aesthetics influence social organization, helping to explain the universality of musical regulation and resistance across a broad range of social milieus. I argue that the dialectical tension between these opposing ethics has operated as a vital engine of aesthetic innovation. However, I argue, this process is bounded by a discursive framework that overdetermines our understanding of music’s role in society, and that both sustains and is sustained by dominant social institutions.
Next, I demonstrate that configurable technologies and practices undermine the discursive boundaries that have been in place for the past two centuries, which I term the “modern ontological framework.” I draw upon interview and survey data to explore the ways in which musicians, lawmakers, and everyday people are developing new ways to understand music and cultural production, as the definitional binaries underpinning the modern framework continue to erode into shades of gray.
Finally, I analyze these data in an effort to determine whether a new discourse based on configurability may be replacing the modern framework, and what such a discourse might entail in terms of social organization. I describe five principles: Configurable Collectivism, The Reunion of Labor, The Collision of Public and Private, The Shift from Linearity to Recursiveness, and The Emergence of DJ Consciousness. Their net effect, I argue, suggests a roadmap for the emergence of new social forms and institutions in the networked age.
Copyright Protection for Philippine Publications
Archivists and librarians bear enormous responsibilities in providing access to materials under copyright without... more Archivists and librarians bear enormous responsibilities in providing access to materials under copyright without documented permission in that they share with their patrons any liability for copyright violation. They are uncomfortably placed on the line between the right of the intellectual property-holder to the fruit of his/her labor, on the one hand, and the right of the public to know, on the other. At the same time, archivists and librarians must serve the demands of research and scholarship. An added complication is the ease with which present-day technology enables users of information to duplicate or replicate copyrighted material. Thus, copyright laws have become harder to enforce and interpret. The line should be drawn by the law, but in many cases, judgment calls are made, and the judgment often is made wittingly or unwittingly by the archivist or librarian. When the right to know comes into conflict with the right of the author or creator to the fruit of labor, the archivist or librarian is bound to rely on the law. To anticipate and avert whatever legal problems may arise, and to provide a clear understanding of what may and may not be done with copyrighted (and even uncopyrighted)materials, this paper discusses issues and concerns of Filipino librarians and archivists with the new Philippine Copyright Law, and seeks to answer the following questions: • What copyright problems are encountered in Philippine libraries/archives? • What is protected by the Philippine Copyright Law? • What reproduction rights do Philippine libraries/archives have under the law? • How can these libraries/archives avoid copyright liability? • What can Filipino librarians do to help in the enforcement of the law?
Beyond copyright: reconsidering the author/publisher/reader relationship
Published in LOGOS: The Journal of the World Book Community, 1998
“Nowadays It’s Like Remix World”: The Hidden Demography of New Media Ethics
In submission at "Information, Communication & Society". Coauthored by Mark Latonero, Marissa Gluck and Nadia Riley.
The past decade has seen an explosion of new “configurable” cultural forms and practices, such as mashups, remixes and... more The past decade has seen an explosion of new “configurable” cultural forms and practices, such as mashups, remixes and machinima, enabled by rapidly proliferating global digital network technologies. While these new cultural forms, which blur the distinctions between traditional production and consumption, have come increasingly into contrast with the letter of copyright law, people around the globe have been developing their own ethical criteria to distinguish legitimate and illegitimate configurable practices. In the present article, we share longitudinal data from surveys fielded in 2006 and 2010, showing that not only have these practices become more prevalent, the ethical frameworks people employ to make sense of these practices have also become more complex. Finally, we analyze the demographic profiles of respondents employing each ethical framework, revealing hidden national, class and ethnic distinctions between the communities that employ these ethical frameworks.
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Published in "Information, Communication & Society," 2009. Coauthored with Mark Latonero and Marissa Gluck.
In recent years, ‘configurable’ technologies such as the Internet-connected PC, cheap and accessible media-editing... more In recent years, ‘configurable’ technologies such as the Internet-connected PC, cheap and accessible media-editing software, and writeable media drives have enabled a profound shift in the agency of media consumers, opening up a vast grey area between traditional production and consumption. This shift has given rise to a host of new media practices and products, such as mash-ups, remixes, mods, and machinima. However, the cultural discourse about media practices are still mired in the ‘black and white’ ethics of the twentieth century media distribution, evidenced by ‘piracy’ and ‘theft’ debates. In this paper, we examine the self-reported attitudes of nearly 1,800 American adults and draw on the personal interviews with dozens of configurable music practitioners to discover what a new, and more appropriate, ethical discourse of configurability might look like. Data suggest that the new practices of cultural appropriation are both reaffirming and challenging the age- old evaluative criteria.
Music and Fashion: The Balancing Act Between Creativity and Control
Book chapter written for the Norman Lear Center, 2006.
Music and fashion, two creative communities that share much in common, have evolved over time to produce drastically... more Music and fashion, two creative communities that share much in common, have evolved over time to produce drastically different industries. Both communities thrive on innovation and change, spurred by the mechanisms of reconfiguration, reinterpretation and reappropriation. Both are sustained by an ever growing commons, a living archive of all that has come before. Yet music suffers from a fundamental schism separating many of the needs of the creative community and consumers from the needs of the industry that enables and exploits it. Fashion, by contrast, has succeeded in brokering a working balance between aesthetic and financial mandates.
ACCESSO ALLA CONOSCENZA, FAIR USE E DIRITTO D’AUTORE: IL CASO GOOGLE BOOKS
Google Books è un sistema di digitalizzazione delle opere letterarie, lanciato dall’operatore statunitense nel 2002.... more
Google Books è un sistema di digitalizzazione delle opere letterarie, lanciato dall’operatore statunitense nel 2002. Nel settembre 2005, Google è stata destinataria di una class action dinanzi al Southern District of New York, lanciata da The Authors Guild, nella quale era accusata di aver commesso, per mezzo del servizio di libri, un “massive copyright infringement”. Le controversie sono state risolte per mezzo di una transazione, che ha sollevato più di un dubbio, sia sotto il profilo della tutela degli autori sia del rispetto delle regole di concorrenza.
Successivamente, Google Books è stata chiamata in giudizio, per presunte violazioni del diritto d’autore, anche in Francia e condannata Tribunal de Grande Instance di Parigi per riproduzione integrale o parziale di opere protette, senza il consenso dell’autore. Altre liti giudiziarie sono sorte anche in altri ordinamenti, come Cina e Germania.
L’intervento si ripropone di analizzare, in chiave comparatistica, i precedenti giudiziari che hanno interessato la società americana e l’applicabilità della doctrine del fair use alla fattispecie. Inoltre, verrà sviluppato il tema dell’accesso alla conoscenza ed il complesso contemperamento tra titolari dei diritti d’autore e interessi collettivi.
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