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About Me

I'm in my 2nd at QUT and I'm doing a Bachelor of Mass Communication majoring in Journalism and Media & Communication. I had a job until about 4 weeks ago but I got sick of it so I quit. I have nothing to say about myself that is worth mentioning here. I really don't think the general public cares about my hobbies and interests. If you want to email me click here.

Annotated Bibliography

Intellectual Property and Copyright For Online Content

Written Resources:

Hakfoort, J. (2002) Copyright In The Digital Age: The Economic Rationale Re-examined. In Towse, R. (Ed). Copyright In The Cultural Industries (pp. 63-84). Cheltenham: Edward Elgar Publishing Limited.

Summary: This chapter begins with a discussion of the low cost of information goods and the low cost of copying information goods and the impact this has on copyright. It then goes on to explain what copyright is and why copyright would increase production in the information industries. It explains why copyright enforcement is problematic in the digital age. The differing incentives faced by publishers and authors and how this affects copyright were addressed as was the changing role of publishers in the digital age. This chapter concludes by saying that copyright in the information industry should be increased.

Howkins, J. (2001) "Introduction: The Art of The Patent". In The Creative Economy: How People Make Money From Ideas (pp. vii-xvii). London: Penguin

Summary: In this introduction the author gives a general overview of the new economy and an introduction to intellectual property. It starts by demonstrating the monetary value of copyright and the rapid expansion of new media technology. Then it goes on to define creativity, the creative economy and creative products. Then a definition of intellectual property is given and the four common forms of intellectual property; copyright, patent, trademark and design, are listed. It states that intellectual property in the new media is important because the new economy will be the dominant economic form in the 21st Century. Lastly is explains how new digital technology has created many new creative products and has allowed for diversity among its creators.

Organisational Acronyms: IIPA – International Intellectual Property Alliance

Gelman, R., McCandlish, S. and Members of the Electronic Frontier Foundation. (1998) "Copyrights, Licenses, Trademarks and Patents – Protecting Intellectual Property Online". In Protecting Yourself Online – An Electronic Frontier Foundation Guide (pp. 85-113). San Francisco: Harper Collins.

Summary: This chapter begins by stating that in the age of information virtually everything is intellectual property and everything is easily reproducible and distributable. It then goes on to detail the evolution of copyright law and the modification of copyrighted digital media. This is followed by an explanation of how to protect original work with copyright and how to transfer copyright. The fair-use doctrine is defined as a legal provision for purposes such as criticism, comment, news reporting, teaching, scholarship and research. Trademark, patent and original database protection are also discusses. Lastly there is a section on infringement and a list of useful and relevant links.

Godwin, M. (1998). "The Battle Over Copyright On The Net". In Cyber Rights (pp. 162-205). New York: Random House.

Summary: Firstly a short history of copyright law is given, this is followed by a discussion of the Feist case. Copyright on the internet today is then addressed and the distinction between copyright and theft is discussed. This is followed by copyright reforms and infringements using the Church of Scientology as an example when they used intellectual property as a means of silencing their critics. Lastly the distinction between infringements and free of the press is discussed and a guide to avoiding copyright infringement is provided.

Organisational Acronyms: SPA – Software Publishers Association ISPs – Internet Service Providers

Green, L. (2002). "Information Policy in the Information Society". In Technoculture: From Alphabet to Cybersex (pp.78-98). Crows Nest, NSW: Allen & Unwin

Summary: In this chapter the author discusses the nature of information and the information society (new economy). The author begins by stating that control of information equates to power and draws a distinction between communication and information. This chapter explains how the new economy is predicated upon information as a commodity and how the bulk of paid employment relies on information processing. Toward the end of the chapter privacy, information security and freedom of information are discussed. Lastly copyright and intellectual property is brought up. The importance of intellectual property to content providers and the issue of when using another person’s work becomes stealing are discussed. Lastly it discusses the copyright issues of file sharing and websites like Napster and Gnutella and how the new economy has exacerbated copyright problems.

Gregor, C. (2002). "After Digitopia: The Internet, Copyright and Information Control". In McClean, D. and Schubert, K. (Eds) Dear Images – Art, Copyright and Culture (pp.240-52). London: Ridinghouse ICA.

Summary: This chapter begins by discussing the control of online information through digital systems and encryption technologies. It then goes on to explain the concept of Digitopia, freedom of information and the intellectual property issues raised in the Napster court case. It states that digital media is differs from other mediums as it can be so easily transferred and copied. The chapter then goes on to give background information on the current systems of control operating in the digital media. Lastly it discusses the DCMA, the EUCD and the relationship between creative freedom and information control.

Organisational Acronyms: RAM – Random Access Memory EUCD – European Union Copyright Directive

Laidler, Terry (2001). "Intellectual property: A Balance Of Rights". In Brown, H., et al. (Eds), Politics of A Digital Present: Fibreculture Reader (pp. 137-42). Melbourne: Fibreculture Publications

Summary: This chapter begins by discussing the two principles copyright law are based on, they are; everyone has a right to participate in the cultural life of a community and everyone has the right to protection of their creative works. It also states that copyright should assure the right to protection of original expression whilst encouraging others to build upon that work. This chapter then talks about the Australian Copyright Act of 1968 and amendments that have been made to it and the US Digital Millennium Copyright Act of 1998 which was created specifically created for new media and extends copyright to 150 years. Towards the end of this chapter the counter-copyright movement in favour of ‘open-sources’ is discussed using recent digital copyright lawsuits as examples. Lastly this chapter raises the issue of the opportunity costs involved in copy proof copyright.

Organisational Acronyms: ICTs – Information and Communication Technologies

Sherman, B. (2002). "Appropriating The Postmodern: Copyright and the Challenge of the New". In McClean, D. and Schubert, K. (Eds) Dear Images – Art, Copyright and Culture (pp.404-19). London: Ridinghouse ICA.

Summary: This chapter is about copyright in relation to new cultural creations such as digital media and how originality is evaluated in copyright law.


Online Resources:

American Library Association. (2004). DMCA – Digital Millennium Copyright Act [Online]. Available: http://www.ala.org/ala/washoff/WOissues/copyrightb/dmca/Default2515.htm (Accessed 5/8/04)

Summary: This is a US based webpage that provides some background information to the Digital Millennium Copyright Act. Designed to meet thew demands of the Digital Age the DMCA became effective in October 200 and was incorporated into the existing US Copyright Act. This webpage then discusses resistance to the new Act by libraries and other partners in favour of preserving the traditional balance in copyright law. Then this webpage goes on to regulations and limitations placed upon libraries and Online Service Providers. Court cases and controversy surround the DMCA is then discussed followed by a list of related files and links.

Organisational Acronyms:

OSP – Online Service Provider

WIPO – World Intellectual Property Organisation

DMCA – Digital Millennium Copyright Act

Australian Government – Department of Communication, Information Technology and the Arts. (2004). Intellectual Property Homepage [Online]. Available: http://www.dcita.gov.au/Subject_Entry_Page/0,,0_1-2_12,00.html. (Accessed 12/8/04)

Summary: This website explains the diverse range of intellectual property matters abd copyright policy the Department of Communication, Information Technology and the Arts is responsible for. It also covers issues such as Commonwealth Copyright, Commonwealth IT IP guidelines and digital right and intellectual property. There is also a link to recent media releases relating to the previously mentioned topics and a link to the Digital Rights Management Guide.

Organisational Acronyms:

IT – Information Technology

IP – Intellectual Property

Baker, I. (1999) Copyright and New Technologies Issues [Online]. Available: http://www.cecnsw.catholic.edu.au/copyright/concise.htm. (Accessed 12/8/04)

Summary: This website is a transcript of speech make by Baker at the Catholic Secondary School Library Association Conference. The speech begins by listing all the different areas of the new economy that copyright law protects and explains how to obtain copyright for original works. It then goes on to discuss copyright in cyberspace and how copyright law can be enforced for online content. Lastly it explains why copyright is so important in the Age of Information.

Computer Crime and Intellectual Property Section of the Department of Justice (2004) CCIPS Protecting Intellectual Property Rights: Copyrights, Trademarks and Trade Secrets [Online]. Available: http://www.cybercrime.gov/ip.html. (Accessed 11/8/04).

Summary: This is a US based website that contains information about IP policies and programs and IP cases the Department of Justice has prosecuted. Guidance to law enforcement agencies on the prosecution of violation of federal IP laws is also available. There is a list of laws that protect IP and a link to other IP related documents.

Digital Future Coalition. (2004) Digital Future Coalition Homepage [Online]. Available: http://www.dfc.org/index.html. (Accessed 8/8/04)

Summary: This website contains information about what the Digital Future Coalition (an American organisation) does, its background and its goals. It has a page dedicated to the most recent issues in Digital Copyright and a page listing the issues the DFC is currently working on including Database Law and the DMCA. There is also an ‘Archives’ page which describes past issue the DFC have dealt with including WIPO, The National Information Infrastructure Copyright Protection Act and the Collection of Information Antipiracy Act. Lastly there is a contacts page which lists the DFC’s telephone number, street address and email address. There is also a link to a complete list of DFC member contacts.

Friends of Napster [Online]. (2004).Available: http://msparkle2001.tripod.com/revolution/. (Accessed 11/8/04)

Summary: This is an anti-establishment website set up by a private party and is not connected to Napster or Lycos. It argues that Napster did not commit any copyright infringement and supports file-sharing. It compares downloading music to sending attachments via email. It also claims that Napster served as an introduction or sampler to music rather than a substitute to buying CDs. It also compares downloading MP3s to taping a song off the radio, lending a CD to a friend or taping music videos from TV. This website also objects the claim that Napster damaged the music industry claiming that there is still plenty of revenue to be made from concerts and merchandise.

Parliament of Australia – Parliamentary Library. (2004). Intellectual Property Law [Online]. Available: http://www.aph.gov.au/library/intguide/law/Intelectuallaw.htm#legislation. (Accessed 8/8/04)

Summary: This webpage contains links to online resources and documents relating to federal IP law. It contains links to the Copyright Act of 1968, the Designs Act of 1906, the Patents Act of 1990 and the Trademarks Act of 1995. It also has links to lists of court and tribunal decisions and law reports. Lastly there is a list of key national bodies related to IP and links to key publications.

Other Assessment

Project Proposal

Indie Music Online

Research Project

Unauthorised Recordings and Cover Songs
Self-Mixing and Music Sampling
Case Study: DJ Danger Mouse and the Grey Album
Digital Music Legal Issues
Case Study: Rightsrouter

Bronwen Loden 17:52, 28 Oct 2004 (EST)


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