I. Origins and intent of CopyrightII. Congress and Copyright extensions, the DMCAIII. A Response: the Creative Commons LicenseIV. Protecting the commons of Creativity and InnovationV. Acknowledgements and ResourcesVI. Discussion

The Creative Commons License, the Intercommons and a general discussion of Intellectual Property

A presentation for:Art Center College of Design (1/23/2003)

The Digital Space Commons Presents

I. Origin of Copyright

"The Congress shall have Power ... To promote the Progress of Science and useful Arts,

by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

I. Origin of Copyright

The Intent of Copyright Protection

•is to promote the progress of science and the useful arts,

•so authors get a mini-monopoly as one inducement to develop new work, •but copyright is limited when it appears to conflict with the overriding public interest of encouraging further development;

•is not to promote the author's own interests or increase the author's own wealth.

I. Origin of Copyright

What are the “Rights” in Copyright?

Copyright gives authors the following exclusive, intangible rights: •reproduction right: the right to make copies of protected work; •distribution right: the right to sell or otherwise distribute copies to the public; •derivative right: the right to create new works (derivative works or adaptations) based on the protected work; •performance and display rights: the right to perform a protected work, such as a stageplay, or to display a protected work, such as a film, in public (where the specific rights depend on the medium).

Copyrights are a collection of property rights: they belong to their owner and may be sold or otherwise exploited for economic benefit.s

I. Origin of Copyright

What are the “Rights” in Copyright?

Additional, related author's rights include:

•rights of attribution: authors have the right to have their names associated with their work, and •rights of integrity: authors have the right to not have their names associated with unflattering modifications to their work.

I. Origin of Copyright

Copyright protects all of the following:•An author's original work. •Legitimate derivative works. •Material an author legally adds to already-copyrighted work. •The selection, coordination, and arrangement of a compilation.

What is copyright infringement?Copyright infringement (aka copyright piracy) occurs when a person other than the copyright owner exploits one or more of the copyright owner's exclusive rights without the owner's permission. Such use is theft. Copyright law does not prevent infringement from occurring. It does offer remedies for situations in which infringement does occur: the owner can obtain damages, penalties, and reimbursements.

What does Copyright Protect, what is Infringement?

II. Congress and Copyright extensions, the DMCA

During 1998, the 105th congress passed two bills to amend the 1976 Copyright Act: the Sonny Bono Copyright Term Extension Act and the Digital Millenium Copyright Act (DMCA). Lawrence Lessig: “The Mickey Mouse Protection Act”

II. Congress and Copyright extensions, the DMCA

Eldred V. Ashcroft

III. A Response: the Creative Commons Licenses

The Licensing Project

This project enables users to build and attach machine-readable licenses that dedicate at least some of the rights within a "copyright" to the public. LAUNCHED:December, 2002

Founders' Copyright

This project enables contributors to dedicate their work to the public domain after a copyright term of just 14 years – the same term as the initial term established by the First Congress of the United States in 1790. LAUNCHED: December, 2002

III. A Response: the Creative Commons Licenses

III. A Response: the Creative Commons Licenses

What, me worry?(about the commons of creativity and innovation)

IV. Protecting the commons of Creativity & Innovation

IV. Protecting the commons of Creativity and Innovation

USPTO changes, the courts as arbiters, power to litigate

Impact of “dot com bomb” and VC-Venture Speculation

Effects of open sourceAttempts and risks in creating ConservanciesStandards wars, survival of standards?Slowing of pace of innovationInnovation necessary for survivalThe Intercommons and other commons initiatives

V. Acknowledgements and Resources

Brenda Laurel and Rob TowLawrence LessigJordan PollackJan HauserCreative CommonsIntercommons community

V. Acknowledgements and Resources

This presentation is at: www.digitalspace.com/presentations/artcenter/www.creativecommons.org Creative CommonsThe Intercommons: www.intercommons.comwww.digitalspace.com The Digital Space Commonswww.calpoly.edu/~cschefti/Talks/IPRW/outline.html origin and definition of CopyrightLawrence Lessig homepage & blogs: cyberlaw.stanford.edu/lessig/Contact: damer@digitalspace.com, 831.338.9400

VI. Discussion