CS5038 The Electronic Society

Intellectual Property: Basics and Digital Media Copyright

Outline

Some terminology and orientation Copyright and its history The technology versus law arms race A range of topics: The cost of P2P The Digital Millennium Copyright Act (DMCA) How to identify IP ownership online The Digital Economy Bill in the UK

Note: This lecture is based on earlier lectures written by Brian Byrne, Eddie Wong, Chris Walker and Matt Kennedy. Later modifications by several others.

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Intellectual Property
A term referring to creations of the mind, for which a set of exclusive rights are recognized --- and the corresponding fields of law Under IP law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols and designs. Common types of intellectual property rights (IPR) include copyrights, trademarks, patents, industrial design rights and trade secrets (depending upon jurisdictions).
All of this is paraphrased from http://en.wikipedia.org/wiki/Intellectual_property .
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Reasons for Intellectual Property

Natural Rights/Justice Argument: Person has the right over their labour, and the products of such, and also have similar rights over their ideas. Utilitarian Argument: makes society more prosperous. Personality Argument: ideas are an extension of oneself and ones personality.
All of this is paraphrased from http://en.wikipedia.org/wiki/Intellectual_property .

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Reasons for Intellectual Property

``Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development.
http://www.wipo.int/export/sites/www/about-ip/en/iprm/pdf/ch1.pdf

The World Intellectual Property Organization. Established by a treaty of the. UN.

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Controversial
Some people reject the term `intellectual property. For example, Stallman says that confusing the different types of IP causes confusion about the rights associated with each. Very widely used though. Fast-moving and very complicated area of law.

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Public Domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all. Examples include the English language, the formulae of Newtonian physics, the works of Shakespeare and Beethoven, and the patents on powered flight.
http://en.wikipedia.org/wiki/Public_domain

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Copyright
Exclusive rights regulating the use of a particular expression of an idea or information Creative works, for example: - poems, theses, plays, and other literary works, - movies, choreographic works (dances, ballets, etc.), - musical compositions, audio recordings, paintings, - drawings, sculptures, photographs, software, - radio and television broadcasts Digital Media: - eBooks, MP3 music, DivX video, digital photos, musical scores

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Copyright History
Printing Press Johannes Gutenberg 1447

[With metal, movable type.]

Similar printing technology known in Korea and China by c. 1234. [Comparison: Columbus reaches USA 1492, Aberdeen Uni. 1495]
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The Statute of Anne

Short title: Copyright Act 1709 Long title: "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned Generally considered to be the first fully-fledged copyright law. Replaced the monopoly enjoyed by the Stationers Company (The Worshipful Company of Stationers and Newspaper Makers, www.stationers.org). Company members would buy manuscripts from authors. Once purchased, they have perpetual monopoly on the printing of the work Authors themselves were excluded from membership in the company Could not therefore legally self-publish Given no royalties for books that sold well.
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The Statute of Anne

The statute of Anne vested authors rather than printers with the monopoly on the reproduction of their works. Time Limits
Books already printed: Copyright owner has exclusive right of publishing it for 21 years. Works not yet published: Exclusive right to publish for 14 years from the time of first publication Right could be extended by an author for another 14 years.

Territorial loopholes
Did not extend to all British territories Unintended consequence: many reprints of British copyright works were issued both in Ireland and in North American colonies
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Later U.K. Copyright Laws

Statute of Anne replaced by Copyright Act 1842. Protection covered authors life plus seven years, (or longer if author died soon after publication). Replaced by Imperial Copyright Act 1911. Consolidation, internationalisation, tech. developments (sound). Copyright Act 1956. Expansion, internationalization and tech. catch-up. Copyright, Designs and Patents Act 1988. Life + 70, or 70 after public. Where we currently are, with some later tweaks, e.g.

The Copyright and Related Rights Regulations 2003. Transposes the EU Copyright Directive into UK law. E.g. changes to 1988 to accommodate the internet. Internet transmissions not all ``broadcasts. Particular protections for software producers, and particular technological infringements defined. UK IP Office http://www.ipo.gov.uk/
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Other Countries
Many countries have similar looking ideas behind their copyright laws (to the non-specialist) e.g. United States Code, Copyright Act of 1976, http://copyright.gov/title17/ The Berne Convention 1886 - signatories to recognize the copyright of works of authors from other signatory countries.

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UK and Electronic Information

Copyright protects the independent expression of an idea. Not the idea itself. Software counted as a `literary work. Books, papers. Certain broadcasts, cable and satellite transmissions. Recordings of music, films etc.

Specific exemptions and permitted acts, some limited, e.g. percentage that can be re-used for educational purposes.
Content of databases can sometimes be protected: `substantial investment. Does not prevent others producing similar databases. (The Copyright and Rights in Databases Regulations 1997, in line 13(#total) with the EU Database Directive)

Punishments
Some infringements of copyright handled by civil law: deals with disputes between individuals and organization, and awards compensation. Some handled by criminal law: deals with behaviour prohibited by state to protect the public etc. Punishes offenders. In the UK, roughly applies to cases where there has been commercial dealing of material that breaches copyright.

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Sociological theories
Why do individuals commit breaches of copyright?
Criminologists and sociologists very interested in this. Like to talk about: Self Control theory: individuals who have been subject to a poor upbringing or early environment are unable to resist temptations. Differential Association: hanging out with the wrong crowd. Social Learning Theory: Learn `deviant behaviours via diff. association, attitudes, diff. reinforcement and punishment, and imitation of peers.

Moral Beliefs: normative constraints (obligations) independent of usefulness (noninstrumental).

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Various Issues with Copyright

Orphaned works Difficult or impossible to contact the copyright holder Causes difficulty for anybody seeking to use/build on work Separation of Economic and Moral Rights
Owner and author can be different. Owner has economic rights, but author still has moral rights, e.g.: Not to have the work altered or destroyed without consent. Right to be attributed as the author of the work (UK) a privacy aspect e.g. you own your personal photographs. Monty Python (comedy) relied on moral rights in 1975: Legal proceedings against American TV network ABC for airing reedited versions of Monty Python's Flying Circus.

Provisions for the handicapped

In U.S. provision for reproduction of material for the blind or other persons with disabilities. Permits reproduction in Braille, audio. electronic, Web-Braille, etc.

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Arms Race? Law versus Technology Before the Printing Press was invented it was to costly pirate someone elses work. Printing press allows cheap copies. Licensing Act in 1662 in England which protected printers against piracy. Laws strengthened over time to catch up with technology home recording etc. Stronger law gives stronger protection. More powerful reproduction technology can make protection often more difficult IP creators unable to claim economic benefit Large part of incentive to create lost Overall, bad for society (?) Technological countermeasures: Digital Rights Management, watermarking, tracking P2P.

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What is P2P?
Peer-to-peer (P2P): computing or networking is a distributed application architecture that partitions tasks or work loads between peers. Peers are equally privileged, equipotent participants in the application. They are said to form a peer-to-peer network of nodes. (See Wikipedia.) Peer-2-Peer Internet technology Largely used for unlawful file-sharing Widespread sharing of files, music, etc Growing problem as broadband uptake is increasing Peer to Peer file sharing e.g., Napster, gnutella, Many forms of p2p BitTorrent, Peer-2-Mail (exploits webmail, more secure) Instant Messaging Services, e.g. MSN Messenger Characteristics: User interface loads outside of Web browser (Standard p2p client) User computers can act as clients and servers Audio Galaxy, Imesh or Morpheus MusicCity Financed by adware/spyware (removal - lavasoft.de)

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BitTorrent
Has rapidly grown into very powerful & popular p2p technology Greater speeds Ease of uploading files Easier to manage downloads Downloading larger files possible (typical movie is 700MB in DivX)

No search, download .torrent files then run on BT client

In 2006, 53% p2p traffic is BitTorrent In 2006, 30% of all internet traffic http://arstechnica.com/web/news/2009/02/internet-traffic-reportp2p-porn-down-games-and-flash-up.ars ISPs have to throttle p2p connections to control congestion. Major security problem. Individuals receive trojan in torrent download. Want to keep secret.

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Effects
CD sales have fallen since 1999 when Napster started P2P craze. Between 2000 and 2002 CD sales fell by 139 million copies. Musicland: major US music retailer bought by BestBuy in 2000 for $696 million, sold for $1 in 2003 iTunes is all-conquering imitators pile in Recent years have seen major concerns from the music industry Digital Economy Act in the UK: Track down infringers, block or throttle their internet connections, sue; removal of 20(#total) presumption of innocence!

Who does it affect?

Artists Lost royalties/profits Harder for new artists Record companies, movie production studios, publishers, software houses, etc Lost revenues Increased security and legal costs Employees Redundancies due to store closures, cut-backs, etc Users? Favourite artists dropped by label Holes in Firewall -> Computer exposed Viruses, worms, etc Spyware, adware 21(#total)

Remedies
Lawsuits Recording Industry Association of America (RIAA) issued thousands Fear P2P illegal file-sharing is hard to govern since no specific laws BitTorrent tracker sites closure Some sites closed but new ones spring up Media Defender Developed technologies where copyright owners can plant decoy files to annoy downloaders Downloaders working for less than minimum wage Overpeer Discourages p2p file-sharing by using advertisements Provide information on where to buy the CD, movie, etc 22(#total) and even provide samples

Arguments for P2P

Legitimate uses of p2p NASA to distribute cache on BitTorrent Free software and open source software Online multiplayer games huge business iTunes & Napster Online music download stores Selling music online
Reduced overheads costs Reduced production costs No distribution, packaging, etc Redundancies: Less staff needed

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Summary
97-98% of traffic in P2P is unlawful*

60% internet traffic is P2P*

Every month on average 3.6 billion music downloads Some people losing out (some gaining). Its hard to combat

* These figures are changing rapidly

.
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Are New Laws Required to Protect Copyright (in Light of Digital Media Internet Etc) or Have Some Laws Gone Too Far?
Based on Notes by Brian Byrne

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World Intellectual Property Organization (WIPO)

The World World Intellectual Property Organization is a United Nations agency. Setup in 1967 to

encourage creative activity,

to promote the protection of intellectual property throughout the world
Currently 182 member states are a member of the WIPO.

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EU Copyright Directive (EUCD); Digital Millennium Copyright Act (DMCA)

Member states signed The World Intellectual Property Organization (WIPO) treaty in 1996. Signing countries promised to implement these treaties in law . So the DMCA is the American implementation of the WIPO treaty. There is a European version called the European Union Copyright Directive (EUCD). Very similar. The DMCA Covers many areas:
We focus on the Anti Circumvention provisions of the law.

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Summary of Anti Circumvention Provisions

Prohibits 1. The act of circumventing technological protection systems. 2. Manufacture of devices / software that allow the circumvention of access control or copy controls. 3. Publishing methods to circumvent a protection system. (e.g., publishing source code). Allows 1. Circumvention/cracking for research purposes. 2. In certain circumstances non-profit organizations and libraries can circumvent.
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Why was the DMCA required

The circumvention provisions of the act were mainly intended to stop black box descramblers used to give free cable TV. Pressure from entertainment industry.

Arms race between technology and Intellectual Property law.

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Do we need these new laws?

Computers make perfect and cheap copies of digital media. Its difficult to catch pirates because of anonymous nature of the internet.

Cyberspace offers the worst of both worlds for IP owners

place where the ability to copy could not be better and

where the protection of law could not be worse (Lessig).

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However
Technology gives control to IP owners. Technology can control how we can consume / use IP.

User has lost traditional rights (fair use, read a book as many times as you like, lend it to a friend, sell it ) But cant do this with copy protected electronic books OReilly Safari book shelf Napster subscription based music stops working when subscription ends. DVDs region encoded. (Bought in another country cant use on your machine).
Perfect control to IP owners. In the past organisations were only given exclusive rights for limited time If no time limit on monopoly no incentive to improve
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No balance of power between user and IP owner

The DMCA and protection technology give total control to IP owner.

No provision to preserve the traditional rights of consumers. If a user wants to regain these rights they must break the law. (circumvent)

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Breaking the Law: Circumvention

DVDs are encrypted by the Content Scrambling System (CSS). Technically, it is illegal to watch a DVD on a Linux system (all DVD players must apply for a licence).
(DMCA/EUCD)

Motion Picture Association of America (MPAA) refused to grant a license to the open source project LiVid - Jon Lech Johansen cracked it Jon Lech Johansen (aka DVD Jon) tried and retried in Norway for his involvement in writing DeCSS, acquitted both times.

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Is the DMCA Suppressing Free Speech?

Many websites published DeCSS MPAA wanted to suppress it and sent subpoenas to the web sites saying they were contravening DMCA The Hacker magazine 2600 for refusing to remove DECSS source code from its website (circumvents DVD encryption system). They were Aided by the Electronic Frontier Foundation (EFF) but stopped short of US supreme court.

Legitimate uses for DeCSS Fast forward / Remove advertisements Remove region encoding Time Warner: Local laws impose censorship regulations Aids governments around the world in censoring the media their residents can view DMCA makes it a crime punishable in US to circumvent censorship laws of dictatorships worldwide
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Is the DMCA Suppressing Free Speech?

Security text book author states he is afraid of printing methods for circumventing DVD encryption.

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Is the DMCA Suppressing Free Speech?

Dmitry Sklyarov a Russian PhD student was arrested in California after giving a presentation on eBook's Security protection. Circumvented Adobes eBook -> PDF Only worked with legally purchased copies Legitimate uses Also allowed illegal copying Crow bar Is it illegal to own or buy one? Many legitimate uses Going equipped to steal is an offence in UK law

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Researchers Scared of Court Cases

Edward Felton a Princeton University professor $10,000 challenge to remove Secure Digital Music Initiative (SDMI) watermarks Published paper legal action threatened but judge dismissed case

Institute of Electrical and Electronics Engineers (IEEE) introduced a policy requiring all authors to indemnify IEEE for any liabilities incurred should a submission result in legal action under the DCMA
After outcry removed clause
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Conclusion
Copyright law needed to to promote the progress of science and useful arts. The DMCA is being misused: Suppresses free speech. Stifles innovation researchers scared to publish work. Denies traditional rights such as fair use. And requires us to break law to reclaim those rights.

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Identifying Intellectual Property Ownership Online. Why and How?

Based on Lecture Notes by Matt Kennedy

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Introduction
The need for a universal system to identify IPR ownership Existing solutions DOI (Digital Object Identifiers) Watermarking Future

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The Digital Effect

International borders crumbling Some treaties But IPR still vulnerable

Digital distribution more broadband Main source of revenue
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The Music Universe today

PAMRA Performing Arts Media Rights Association

County & Borough Council

Overseas Performanc e License

USA:
Owners public places where performances of music take place: pubs, concert halls, hotels.. TV & Radio broadcasters, satellite & cable operators Overseas usage: Live, Broadcast and Synchronisation

ASCAP/ BMI/ SESAC Europe: GEMA/ SACEM/ BUMA

Juke Box Suppliers

PPL
Phonographic Performance Limited

AURA Association of United Recording Artists

Producer

Film & Video Company Rest:

APRA/ JASRAC Etc.

PRS
Promoter Performance Rights Society

Owners of theatres & operas houses Grand Rights

Overseas subpublishing, Licences & Mech. Rights Retailers: Sheet Music Sales

Owners public places where performances of music recordings take place: pubs, hotels, shops, etc. TV & Radio broadcasters, satellite & cable operators

Lawyer

Distributors & Retailers

Publisher

RECORD COMPANY

Film&Video Companies: Synchron. licences

Owners public places where performances of music videos take place: pubs,clubs, discos, etc. TV & Radio broadcasters, satellite & cable operators

Licensees for recording compilations & oversees exploitation

ARTIST

Account.

Songwriter Composer

BMR British Academy of Composers & Songwriters

Audio & Video Jukebox suppliers

Operators telephone line Supplying music services

VPL Video Performance Limited

MU Musicians Union

MCPS
Agent Overseas Mechanical Income Performance Rights Society Record Compani es Video Compani es

Computer manufacturers Games & music novelties

EQUITY ISM Manager

MU
Incorporate Society of Musicians Musicians Union

TV & radio broadcasters, satellite & cable operators

Video Juke Box Suppliers Music Mall Division of VPL Providing clip sourcing duplication & clearance

Users of library & backgroun d music

Representation Collection Agencies Representation Business Service

Collection Societies

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PRS 1999

Licensing Pain
Retail CD
Creator
Licensing pain

Producer

Manufacturer

Distributor

Retailer

Consumer

Music IPR Licensing

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Licensing Pain
not just who owns IPR, but who owns license
Retail CD
Creator
Licensing pain

Producer

Manufacturer

Distributor

Retailer

Consumer

Music IPR Licensing

On-line
Creator
Licensing pain

Producer

Manufacturer

Distributor

Retailer

Consumer

Music IPR Licensing

New communication gap

How can he sell?, where?, what DRM?

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Digital Object Identifiers

DOIs handle, track content Persistently associate metadata with digital objects Easily access by prefixing http://dx.doi.org XML used to store metadata Drawback - hard to find DOI for some content no search facility Good for static IPRs Poor for dynamic IPRs and offline content need regular updates
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The Way Forward?

DOIs provide a good framework for identifying some types of IPR
Need: Search Data integration and government cooperation Contract management integration automatic updates Always going to have to employ different methods
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`Information wants to be free

More next time.

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