Digital Copyright Topic outline 1 General Problem 2

Digital Copyright Topic outline 1 General Problem 2 Difference between Patent and IP, what is Copyright and why was ist created? 3 Current Copyright and the Digital Age 4 Copyright of the United States Law and Lobby 5 The European Union Copyright Directive (EUCD) and the German Legislation 6 Conclusion and an outlook

Presentation Digital Copyright in age of Internet General Problem: extend the possibilities to copy digital content only limited lawful possibilities to proceed against piratiry Infringement from copyright and related rights D. 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: To introduce in the current and difficult Problem of Copyright!

Presentation Digital Copyright in age of Internet The ease of copying and the possibility of reproduction raise the Question: „Can Copyright adjust to the Internet or should the Internet adjust to the Copyright ? “

Digital Copyright 2. Difference between Patent and IP Subject Mind Invention Idea Transforming Patent It regulates the reproducion of material works It must be granted It lasts 20 Years than it has to be extended Problem: an intensive patentresearch. Existing Patents may not be infringed. Intellectual Property 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 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 Copyright 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 Copyright 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 Copyright 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 Copyright 4. Copyright Law of the 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 Copyright 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/title 17) „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 Copyright 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 Copyright 4. 2 The tightening up of the Copyright Law in the 90‘s in U. 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 multiplication Right for accessibility Right for technical protection Right for Copyright Management Information Critique: aggressively promoting the interests of IP and Copyright owners.

Digital Copyright 4. 2 The tightening up of the Copyright Law in the 90‘s in U. 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 -18 red. 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 Copyright 4. 2 The tightening up of the Copyright Law in the 90‘s in U. S The Digital Millenium Copyright Act (DMCA) in U. S. A Signed into law from President Clinton on October 28, 1998 is a controversal U. S copyright law DMCA is a response of the content industry Criminalizes production and dissemination of technology that can circumvent protected copyright amends the title 17 to extend the reach of copyright Heightens the penalties for copyright infringement on the internet but, limited the liability of Providers from Copyright infringement by their users Three are considered: Right for technical protection Right for Copyright Management Information Right for liability and Information

Digital Copyright 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 Copyright 4. 3 Recording Industry Association of America Core of the P 2 P MP 3 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 P 2 P-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 Copyright 5. 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 Copyright 5. 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 Urh. G Since Sep. 29, 2004 the draft for 2. Korb of the Urh. G-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 Copyright 5. 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-society Legal 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 Urh. G 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 § 52 a, § 53 can‘t interpreted by laymans and lawyer.

Digital Copyright 5. 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 Copyright 5. 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. § 52 b (Urh. G) 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 Copyright 5. 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 lightsensitive 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)

Digital Copyright 6. Conclusion and an Outlook 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 Copyright 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 Copyright References http: //en. wikipedia. org/wiki/copyright http: //europa. eu. int/comm/internal_market/copyright/overview/ http: //www. loc. gov/copyright/title 17/ http: //www. riaa. com http: //www. eff. org/IP/DMCA http: //www. wipo. org/ http: //www. urheberrecht. org http: //www. urheberrechtsbuendnis. de http: //www. attac. de/wissensallmende/basistext/ http: //www. ieee-security. org/Cipher/Book. Reviews/2001/ http: //www. gseis. ucla. edu/howard/Copyright Literature: Jessica Litman, Digital Copyright, New York 2001, Prometheus Books, ISBN: 1 -57392 -889 -5,

Digital Copyright