3. Intellectual Property Rights are…
• creations of the mind
• items of information or knowledge
• unlimited # of copies at different
locations anywhere in the world
• limited duration by copyrights
4. What form do Intellectual
Property Rights (IPRs) take?
8. Inventions (patents)
eª and a
QuickTim decompressor TIFF (Unc QuickTimeª and a
om
essed)
(Uncompr see this picture.
are needed pressed) decompres
to see this so
a Tor F
and pres
s IF
needed to picture. r
meª com e. are
i r TIFF
ckT ) de ictu (U Qu
Qui ressed this p are n ncomp ickTime
p se e
om eede resse ª and
Unceded to d to d
F(
TIF are ne see ) decoma
this
pictupressor
re.
15. COPYRIGHT
• Attempted to accommodate cyberspace
by merely calling it a conveyance
(another format for content of
expression)
16. John Perry Barlow
• Protection is something entirely
different. How can we protect it?
17. Treaties
• Paris Convention for Protection of Industrial
Property in 1883
• One of 1st IP treaties (patents)
• Paris, France March 20, 1883
• Belgium, Brazil, France, Guatemala, Italy, the
Netherlands, Portugal, El Salvador, Serbia,
Spain and Switzerland.
• 173 members, Aug 2008
18. Treaties
• Berne Convention in 1886
• International agreement governing
copyright
• Berne, Switzerland
• 164 members, Sept 2008
19. Digital Content
• Ease in altering or forgery
• Ease in rearrangement, construction,
recycling
• Preventive measures too late
• Can’t contain digital data same as
analog
22. Postmodern Aesthetic
• Encourages electicism & multiplicity
over any dominant or ‘original’ style
• Accepted practice to appropriate other
artists’ works
• Originality no longer possible
• Artist = processor of info or manipulator
of found material
26. Walter Benjamin
• Distribution of artwork through a
network
• ‘aura’ of original given way to culture of
copying & hands on approach
• Collapse of distance
27. • New era
• New criteria of creativity
– DJs & musicians assessed not on
originality but on skill & judgment in
assembling collages of found materials
31. Solution
• Share of royalties (fee)
• MACOS --> no legal ramifications
• D.I.Y. ---> DJ Spooky
---> Robin Mackay (quotes)
32. John Perry Barlow
• Info is experienced not possessed
• Fluidity of info = copyright law
outmoded
33. Shareware & open source
software
• Collectivist notion
VS.
• Commitment to intellectual property as
commodity
• ‘collective intelligence’ by Pierre Levy
35. IP Law
• Engaged with new media technologies
• Threat to copyright
36. Walter Benjamin & Timothy
Druckery
• ‘optical unconscious’
• ‘collective vision’
• Digital media as form of collage raise
issues to do with narrative as culture
given
37. Les Manovich
• Cultural ‘transcoding’
– Computers & culture constantly change
one another
– Speeding up of process
38. Gregory Ulmer
• New aesthetics theorist
• gone is Aristotle’s neat, beginning,
middle & end
• Always in network, in between
• Gone are formulas
• Choreography --> transitory method
• Instead of reading theories, we reinvent
instead
39. • Artists & students become producers as
well as consumers of theory
• Draw on past & reinvent future
• Money as reservoir for creative
information
41. Inspire
• Jefferson designing copyright system
– Assuring widespread distribution of
thought, not profit
– Libraries buy books, rewarding authors
• Ideas become available to public
42. Inspire
• U.S. Congress given power to ‘promote’
progress of science…
• 1st copyright act (1790) invented to
encourage open circulation of
knowledge
• Provide incentive for artists, scientists &
writers to create original works
43. Inspire
• Info ownership = monopoly for
publishers
• 1793 1st US patent law
• Copyrights & patents in theory; legal
protection of IP
44. Inspire
• Open source software & Linux
– Open knowledge response to software
monopolies
– No fear of patent infringements
– Give users absolute freedom
– General Public License GPL
45. Inspire
• Protect stealing from others
• Safeguard for consumers
• Incentives to creativity
• Market creation
46. Inhibit
• Commercialization of IP throughout
19th century undermine original intent
• IPR = monopolisitic control, trade
secrecy rather than open promotion of
science & tech marked corporate
practice
47. Inhibit
• Property can be infinitely reproduced &
instantaneously distributed w/out
cost/knowledge/possession
• HOW DO YOU PROTECT IT?
48. Inhibit
• Law protected physical expression
• While technology may undo law,
technology offers methods for restoring
creative rights
• Info wants to be free, to change,
unconstrained, no final cut
49. Inhibit
• Copyright makes no accommodations
whatever for expressions
• Patents --> unrestricted monopoly rights
• Innovation = process by which
knowledge advances
50. Inhibit
• IPRs to protect yesterday’s innovation allow
innovator to control future innovation
• “anti-commons” --> PATENTS
– No justification for restricting access to public
domain
– Patents increase transaction costs of developing
new innovation
52. Inhibit
• Economists Michele Boldrin & David K.
Levine
– Perfectly competitive markets capable of
rewarding/stimulating innovation
– Example: fashion world
– Monopoly rights unnecessary for
innovation
In this media production on Intellectual Property Rights, I will be answering 3 questions. What are Intellectual Property Rights? What form do they take? And finally I’ll be describing the ways in which intellectual property rights inspire and inhibit innovation.
What are intellectual property rights?
Intellectual Property Rights are creations of the mind, items of information or knowledge. They are unlimited copies of this type of information at different locations around the world. Intellectual Property Rights do not necessarily have a physical container. Copyrights limit the duration that someone has ownership over the intellectual property.
What form do Intellectual Property Rights take?
literary & artistic works
symbols, names, images & designs used in commerce
Intellectual Property divided into 2 categories: industrial property and copyright
Intellectual Property rights are divided into 2 categories: industrial property and copyright.
