Digital media and intellectual property

Abstract

Vannevar Bush envisioned a machine that would assist humanity in the creative work of writing. Doug Engelbart imagined the collaborative sharing and enhancement of knowledge. Digital media today—text, drawings, photos, audio, and video—surpass the visions of their pioneers. These media may be copied, shared, and modified in ways that challenge the legal system, because unrestricted content sharing without suitable payment to creators runs counter to intellectual property (IP) traditions and laws. Writers, musicians, artists, and inventors have long relied upon IP protection to enable them to control the use of their creations and inventions. Copyright infringement, that is, copying in violation of copyright, threatens the income that they could receive from their creations. The concept of fair use is a critical issue in such discussions, as it allows certain exceptions to copyright. One area that has received a great deal of attention is the digital copying and sharing of music; we shall examine the interplay between conventional behaviour, ethics, technical interventions to limit or block copying, laws and legal battles, and product and pricing innovation. Next, we shall look at similar issues in the domain of motion pictures. There are effective and legal streaming services, yet there are still concerns about copyright infringement. Copyright holders now automatically produce takedown notices to insist that websites remove illegally or improperly sourced material. Such notices include many errors, causing additional complications for video creators. One interesting challenge to the concept and laws of copyright occurs in the creation of mash-ups. Artists use fragments from existing musical or visual performances as well as their own material to create audio-visual works that combine multiple content sources. Artists, lawyers, and businesspeople debate the extent to which such mash-ups violate reasonable copyright protection. Copyright is also significant for academic articles and textbooks. There are two especially interesting cases to discuss. One is the widespread copying of textbooks by students due to the high price of texts. The other is the fair pricing of the publication of research results that have been funded by government grants. This issue has provided one of several stimuli to the creation of open access publications.