Internet Law Program 2011 - User contributions [en]

Talk:Intellectual Property

2011-09-09T20:06:03Z

Estherlim: New page: == '''Overview of Presentation:''' == Professor Fisher’s presentation on Intellectual Property began with a history of copyright law, followed by prevailing theories behind the regime a...

== '''Overview of Presentation:''' ==

Professor Fisher’s presentation on Intellectual Property began with a history of copyright law, followed by prevailing theories behind the regime and the law’s application in the real world.

History of Copyright Law: Copyright Law in the United State originated as a 1790s. Empowered by the Constitutional grant to protect innovations in the arts and sciences, the writers of that first statute developed a limited regime that covered books, maps, and charts. The Copyright Law expanded in the subsequent 200 years, and now, the copyright protection reaches to objects and software (see full list HERE ). While the original statutes provided for a finite duration for protection, the changed and updated Copyright statute now protects covered items indefinitely. Equally important, the Copyright statute expanded the protected rights to the right to reproduce, right to make derivative works, right to distribute, the right to perform and to display.

Theories of Copyright Law: There are three plausible theories underlying the development of Copyright Law: fairness, welfare, and personhood. Fairness is based on Locke’s idea in his Second Treatise Chapter 5 that when a person labors upon a resource held in common and create something, he acquires natural right to the crops and the field itself if he abides by some provisos. In contrast, the welfare theory centers on the idea any action should further the public good. Under the welfare copyright regime, the government is encouraged to intervene to avoid the hazards of underproduction. Finally, the personhood theory is based on Kant and Hegel’s proposition that intellectual products are extension of one’s personhood.

Application of Copyright Law: This part of the presentation focused mainly on the application of copyright law on appropriation art. Professor Fisher provided justifications, and the limitation of those justifications, of each theory when dealing with appropriation art, i.e. Warhol, Koons, Shepard Fairey, and Mr. Brainwash. Many of these examples provoked law suits, and many have settled. Further, there is no overwhelming trend when the suits go to judgment. These examples show that the law is too uncertain and therefore defective. While the US does protect appropriate artists through the Scenes-a-faire and fair use doctrine, these protections are not enough to reduce the uncertainty of the law.

== '''Summary of Key Questions''' ==

1) What would it take to “fix” the copyright system? We had questions about whether focused modifications and expansions would suffice or if a complete overhaul was necessary. Some pointed out that the current focus is on compensation and profit in monetary terms, but that given the changing landscape of the internet perhaps this emphasis is misplaced. One person pointed out: “It seems that a key question is whether we're compensating for production of ideas or ownership of ideas; the latter leads to mere Rentier capitalism.” Prof. Fisher argues that focused reform is needed and comprehensive reform is unlikely to happen because of the impossibility of the various interest groups to reach consensus.

2) What is the source of authority to make copyright law? Prof. Nesson launched this by asking what power was granted to Congress to grant a right and the extent of the right they were permitted to give. While the basis Constitutional, the text does not give a lot of guidance. Nesson argued that the framers may have been imagining commercial publishers copying in a way that took away commercial benefit from the first publisher. Fisher argued that the framers wanted Congress to be able to enlarge rights to keep pace with evolution of technology and business (progress in the useful science and arts). Therefore, Fisher argues Congress is free to conclude that banning file-sharing is necessary to promote the music industry. This prompted an interesting interjection from Prof. Zittrain asking: at what point does the First Amendment kick in?

3) Does the Internet undermine the moral rights/personality rationale for strong copyright protection? This conversation took place mostly online and involved questions around how people express their personalities in the digital age. Do many people “express their personalities through their unique remixing of preexisting material”? Rocky said, “Depends whose moral rights they want to protect - the integrity of the original work or the ability of downstream creators to use it as source material for their own creative expression.” Another wrinkle on the discussion was about the distinction between production and consumption when art is being used to define and express oneself -- who is the artist and who is the user? Maybe all are collaborators.

4) What happens when strong versions of personhood theory are applied? It is possible that in France and Germany, the strong view might lead to a complete exclusive right preventing application art. But Prof. Fisher thinks this is myopic view: A more egalitarian spirit would recognize the need to afford both first and second generation artists to engage in useful art. For some participants this is like the difference between RT and MT on Twitter.

5) A meta-question from Prof. Nesson: have we left out the public domain from this discussion? In some ways this tied back to an earlier debate between Prof. Zittrain and Prof. Benkler about who should read the treatise. So, is there room for a debate here among “elites” or should we make sure the public is involved? Prof. Fisher argued that this debate is no longer relegated to the elite because 25% of digital natives engage in these types of behavior on a regular basis. It just only gets litigated by elites since they have money. There may be some connections here to Prof. von Hipel’s work showing the democratization of the phenomenon.

6) Finally there were some questions on definitions and boundaries to frame future thinking. How do we define and differentiate “new” vs. “modified” vs. “copied”? Who is an author and who is a user/the public? If everyone in the public is a potential author does it change our answer? What is the public/private boundary, if there is one, or is it a continuum?

== '''Questions for the Future of Cyberlaw''' ==

To what extent is it helpful to use concepts like original constitutional meaning or first principles when evaluating current internet regulatory frameworks? Are those ideas still relevant in an internet (and international) context or should we start with something new?
If an overhaul of the copyright system is needed, and if it is unlikely that a new framework will ever be implemented due to the difficulty of reaching consensus, then where does this leave us in terms of finding a solution today?
How do these questions change as we move to the Cloud? Is there such a thing as IP in the cloud?
What is the implication of copyright law in user created appropriation works on the internet (YouTube videos, mashup gifs, etc)? Is there a difference between public perception of “real” art and “user” art? Are they significant enough for discussion?

== '''Helpful Links''' ==

Rentier Capitalism: http://en.wikipedia.org/wiki/Rentier_capitalism

Preliminary Thoughts on Copyright Reform, by Pamela Samuelson: http://people.ischool.berkeley.edu/~pam/papers/Preliminary%20Thoughts%20utah.pdf

Best documentation of legislative history for copyright clause in Constitution is Dotan Oliar: http://www.law.virginia.edu/lawweb/faculty.nsf/FHPbI/1196152

US constitution. Article 1, Section 8, Clause 8: http://en.wikipedia.org/wiki/Copyright_Clause

Talk:Evening Events

2011-09-07T12:34:28Z

Estherlim: /* Citizen Media Law Project, Temple Bar, 1688 Massachusetts Ave, 7p.m. - Mobile media and citizen journalism */

==Sign-up for Poker with Charlie Nesson==

Space is unlimited! Add name and email address below to sign-up.

# Amrit (adhir(at)jd13.law.harvard.edu)
# Mayo Fuster Morell (mayo.fuster(at)eui.eu) > don't have a clue about poker, but curious
# Breanne (bgilpatrick@jd12.law.harvard.edu)
# Amanda Vaughn, avaughn@jd13.law.harvard.edu
# Matthias Glatthaar (mglatthaar@llm12.law.harvard.edu)
# Daniel Robinson (drobinson@jd13.law.harvard.edu)
#
#

==Ideas for Food For Thought Dinners==
Add your ideas here!

==Food For Thought Dinner Sign-ups==

These dinners allow conference attendees to engage in self-organized informal, themed conversation with other conference participants. Since these dinners are self-organized, there is no limit to the number of dinners that can occur on Thursday evening. We have not yet made reservations for dinners at restaurants; so if any conference attendees are looking to initiate/host a dinner, you are responsible for organizing and making reservations and communications. Also, please note that dinner attendees are expected to pay their own dinner costs.

You may organize and sign-up for Food For Thought dinners below. All iLaw attendees are welcome to add their ideas for interesting topics or propose dinner locations.

Food For Thought dinners tend to work best when the group size is small enough to be intimate (around 8 people or so). For restaurants in Harvard Square, expect approximately a 10-minute walk from Austin. For restaurants in Porter Square, expect approximately a 15 to 20-minute walk from Austin.

===[http://www.citmedialaw.org/ Citizen Media Law Project], Temple Bar, [http://maps.google.com/maps?ie=UTF-8&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&q=temple+bar&near=Cambridge,+MA&fb=1&cid=0,0,13500899818381353596&sa=X&oi=local_result&resnum=1&ct=image 1688 Massachusetts Ave], 7p.m. - Mobile media and citizen journalism===

The CMLP will host a dinner at Temple Bar (1688 Massachusetts Ave.) on mobile media and citizen journalism, discussing recent events such as the BART phone blackout, arrests of citizens recording video in public (including the recent First Circuit decision in ''Glik v. Cunniffe''), and libel-by-tweet.

''Sign-up List'':

1. [http://www.cyber.law.harvard.edu/people/asellars Andy Sellars, Berkman Fellow]

2. [http://www.cyber.law.harvard.edu/people/jhermes Jeff Hermes, Berkman Fellow]

3. Allison Trzop

4. Gita Srivastava

5. Lauren Henry

6. Frank Sabatini

7. Arthur Bright, CMLP Research Attorney

8.

=== [http://cyber.law.harvard.edu/people/psuber Peter Suber], [http://www.casablanca-restaurant.com/ Casablanca], [http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=Casablanca,+40+Brattle+Street,+Cambridge,+MA+02138&aq=0&sll=42.373676,-71.121272&sspn=0.010431,0.016007&vpsrc=0&g=40+brattle+street+cambridge,+ma+02138&ie=UTF8&hq=Casablanca,&hnear=40+Brattle+St,+Cambridge,+Massachusetts+02138&ll=42.373589,-71.12139&spn=0.010431,0.016007&z=16 40 Brattle Street], 7p.m. - Open Access to Research ===

''Sign-up List'':

1. [http://cyber.law.harvard.edu/people/psuber Peter Suber, Berkman Fellow]

2. [http://derechosdigitales.org Claudio Ruiz, ONG Derechos Digitales (Chile)]

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===Peer Production and Online Cooperation Research (Aaron Shaw and many others) Restaurant & Location t.b.d., 7p.m.===

Come join a group of Berkman Fellows and friends engaged in research into various aspects of peer production and online cooperation. Among those planning to attend are [http://mako.cc Mako Hill], [http://www.law.harvard.edu/academics/degrees/gradprogram/sjd/sjd-current-students/jennifer-shkabatur.html Jennifer Shkabatur], [http://www.mit.edu/~amonroy/ Andres Monroy], [http://aaronshaw.org Aaron Shaw] and [http://www.onlinecreation.info Mayo Fuster Morell].

''Sign-up List'':

1. Mayo Fuster Morell

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7.

===[Organizer 4] [Restaurant/Location/7p.m.]- [Topic of Conversation]===

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===[Organizer 5] [Restaurant/Location/7p.m.]- [Topic of Conversation]===

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===[Organizer 6] [Restaurant/Location/7p.m.]- [Topic of Conversation]===

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===[Organizer 7] [Restaurant/Location/7p.m.]- [Topic of Conversation]===

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Talk:Evening Events

2011-09-05T16:56:22Z

Estherlim: /* Citizen Media Law Project, Temple Bar, 1688 Massachusetts Ave, 7p.m. - Mobile media and citizen journalism */

==Sign-up for Poker with Charlie Nesson==

Space is unlimited! Add name and email address below to sign-up.

# Amrit (adhir(at)jd13.law.harvard.edu)
# Mayo Fuster Morell (mayo.fuster(at)eui.eu) > don't have a clue about poker, but curious
# Breanne (bgilpatrick@jd12.law.harvard.edu)
#
#
#
#
#

==Ideas for Food For Thought Dinners==
Add your ideas here!

==Food For Thought Dinner Sign-ups==

These dinners allow conference attendees to engage in self-organized informal, themed conversation with other conference participants. Since these dinners are self-organized, there is no limit to the number of dinners that can occur on Thursday evening. We have not yet made reservations for dinners at restaurants; so if any conference attendees are looking to initiate/host a dinner, you are responsible for organizing and making reservations and communications. Also, please note that dinner attendees are expected to pay their own dinner costs.

You may organize and sign-up for Food For Thought dinners below. All iLaw attendees are welcome to add their ideas for interesting topics or propose dinner locations.

Food For Thought dinners tend to work best when the group size is small enough to be intimate (around 8 people or so). For restaurants in Harvard Square, expect approximately a 10-minute walk from Austin. For restaurants in Porter Square, expect approximately a 15 to 20-minute walk from Austin.

===[http://www.citmedialaw.org/ Citizen Media Law Project], Temple Bar, [http://maps.google.com/maps?ie=UTF-8&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&q=temple+bar&near=Cambridge,+MA&fb=1&cid=0,0,13500899818381353596&sa=X&oi=local_result&resnum=1&ct=image 1688 Massachusetts Ave], 7p.m. - Mobile media and citizen journalism===

The CMLP will host a dinner at Temple Bar (1688 Massachusetts Ave.) on mobile media and citizen journalism, discussing recent events such as the BART phone blackout, arrests of citizens recording video in public (including the recent First Circuit decision in ''Glik v. Cunniffe''), and libel-by-tweet.

''Sign-up List'':

1. [http://www.cyber.law.harvard.edu/people/asellars Andy Sellars, Berkman Fellow]

2. [http://www.cyber.law.harvard.edu/people/jhermes Jeff Hermes, Berkman Fellow]

3. Allison Trzop

4. Gita Srivastava

5. Esther Lim

6.

7.

=== [http://cyber.law.harvard.edu/people/psuber Peter Suber], [http://www.casablanca-restaurant.com/ Casablanca], [http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=Casablanca,+40+Brattle+Street,+Cambridge,+MA+02138&aq=0&sll=42.373676,-71.121272&sspn=0.010431,0.016007&vpsrc=0&g=40+brattle+street+cambridge,+ma+02138&ie=UTF8&hq=Casablanca,&hnear=40+Brattle+St,+Cambridge,+Massachusetts+02138&ll=42.373589,-71.12139&spn=0.010431,0.016007&z=16 40 Brattle Street], 7p.m. - Open Access to Research ===

''Sign-up List'':

1. [http://cyber.law.harvard.edu/people/psuber Peter Suber, Berkman Fellow]

2.

3.

4.

5.

6.

7.

===Peer Production and Online Cooperation Research (Aaron Shaw and many others) Restaurant & Location t.b.d., 7p.m.===

Come join a group of Berkman Fellows and friends engaged in research into various aspects of peer production and online cooperation. Among those planning to attend are [http://mako.cc Mako Hill], [http://www.law.harvard.edu/academics/degrees/gradprogram/sjd/sjd-current-students/jennifer-shkabatur.html Jennifer Shkabatur], [http://www.mit.edu/~amonroy/ Andres Monroy], [http://aaronshaw.org Aaron Shaw] and [http://www.onlinecreation.info Mayo Fuster Morell].

''Sign-up List'':

1. Mayo Fuster Morell

2.

3.

4.

5.

6.

7.

===[Organizer 4] [Restaurant/Location/7p.m.]- [Topic of Conversation]===

''Sign-up List'':

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===[Organizer 5] [Restaurant/Location/7p.m.]- [Topic of Conversation]===

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===[Organizer 6] [Restaurant/Location/7p.m.]- [Topic of Conversation]===

''Sign-up List'':

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===[Organizer 7] [Restaurant/Location/7p.m.]- [Topic of Conversation]===

''Sign-up List'':

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Talk:Student Projects

2011-09-02T04:26:02Z

Estherlim: /* Options A, B, D */

==SIGN-UP Sheet for Student Projects==

===Options A, B, D===

For students who wish to sign up for Options A, B, or D, please include your first and last name, any group members, and your selected assignment.

'''Note for students choosing Option A, please specify a session

* Ryan Rippel, Option A -- For Online Liberty and FOE, or Exploring the Arab Spring
* Jason Gross, Option A -- For Digital Libraries, Archives, and Rights Registries
* Andrew Crocker, Nathan Lovejoy, Sunshine Yin, and Amrit Dhir (All Option A) -- For Privacy
* Joel Knopf, Rachel Krol, Andrew Rubenstein, Taz Shahabuddin (All Option A) -- Cooperation
* Amanda Vaughn, Option A -- The Global Internet
* Michael Adelman, Justin Tresnowski, Michael Redding, Ona Balkus (All Option A) -- For Cybersecurity
* Clare Selden, Option A -- Online Liberty and Freedom of Expression
* Daniel Sinnreich, Option A -- Online Liberty and Freedom of Expression
* Esther Lim -- intellectual property, option A
* Matt Scarola, Option D
* Pooja Patel, Andrew Pearson, Lowell Battles- (All Option A) - User Innovation
* Steve Jugle, Yael Resnick, Matt Levitan, Option D
* Breanne Gilpatrick, Option D
* Matt Vitins, Option D
* Tom Spencer, Matt McDonell, Jake Laperruque, Jordan Baehr, Option D
* Gabriela Grinsteins, option D
* Yana Welinder, Option D
* Molly Jennings, Option D
* Frank Sabatini, Option D
* Tim Grayson, Option D
* Matthias Glatthaar, Option D

===Option C===

Due to time constraints, Option C is available to a limited number (10) of groups on a first-come first-served basis. Students who select this option are encouraged to work in groups, each group will be given approximately 5-10 minutes of presentation time.

For students who select this option, please include your first and last name, as well as the names of any additional group members.

1. Ivar Hartmann, Fernando Serrati Campos Cervera

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