Copyright, Intellectual Property and Patent

§ 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

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!
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 ?“
 Subject Mind

Invention Idea
Transforming
Patent Intellectual Property
§ It regulates the reproducion of It regulates the copy of
material works Intellectual works, like music,
§ It must be granted literature and films, computer
programs and paintings
§ It lasts 20 Years than it has to be
It is valid at once
extended
It lasts 70 Years after death of
§ Problem: an intensive patent- the author (Ger)
research. Existing Patents may
not be infringed. independent Development is
possible, so there is no risk of
infringement
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.
§ 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“.

§ „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.
 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.
 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.
§ 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.
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:

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.
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.
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
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
§ 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.
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
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/)
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 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.
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.“
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.
§ 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)
 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!
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.
§ http://en.wikipedia.org/wiki/copyright
§ http://europa.eu.int/comm/internal_market/copyright/overview/
§ http://www.loc.gov/copyright/title17/
§ 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/BookReviews/2001/
§ http://www.gseis.ucla.edu/howard/Copyright

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