Copyright and the internet : closing the gates on the public domain

Can copyright survive in the digital era? Indeed, should copyright survive in the digital era? The development of information technologies in general, and the Internet in particular has held out the potential of unrivalled exchange of information, ideas and creative works. Perfect digital copies of all manner of works can, at a keystroke, be sent around the world to be received, enjoyed and used by millions. But that same potential has brought a threat, notably for the entertainment industries (intermediaries) whose livelihood depends on receiving a financial reward for making their works available to consumers. How then should the promise of such digital dissemination be reconciled with the threat for these intermediaries fearful of seeing their content distributed beyond their control? The answer has been to develop a raft of measures giving these intermediaries the power to control both access to and use of the underlying work. But what of the law of copyright? For hundreds of years that law has ensured that those same intermediaries can control dissemination of these works, but only to a limited extent. The borders on that power have been found in the limits that have been ascribed to the property right in a creative work. Thus intermediaries cannot exert control over onward dissemination of a tangible object containing the work, at least within prescribed territories and regions; the length of time for which protection can be claimed is limited; ideas contained within a work are left free; a work must be original before it attracts protection; copyright in a work is infringed only if a substantial part is copied, and a substantial part can be lawfully copied within defined circumstances. Together these parts beyond ownership are termed as being in the public domain. The precise boundaries of this public domain might be difficult to describe, but the intent within the overall framework is clear. It is not only the interests of the current author and the intermediary that are served by the law of copyright. The public interest is also satisfied in that a variety of new works can be created for consumption, advancement of knowledge and information. Critically, the public domain is essential in this process. No works are created without some reference to, and taking from, what pre-exists. This public domain thus ensures that would-be authors have a variety of sources on which to draw in creating anew. It is this element of the copyright framework that appears to have been ignored in the recent legislative process. This study traces the legislative efforts made affecting copyright in the digital era and highlight8 the measures taken to satisfy the demands of the intermediaries. It goes on to consider the public domain, what it is, what it is used for in the non-digitised world, and how it is and will be affected by recent developments. It will be argued that conditions for both access to and use of the public domain alter dramatically, critically to the detriment of the would-be author. Given the 'new' legislative framework seems set to govern this area in the foreseeable future, the discussion looks at ways in which the existence of the public domain might be encouraged for the benefit of would-be authors. Copyright should survive in the digital era, and many would argue that it does. But sadly it would appear that one facet of the balance that has been nurtured by the law, the public domain, will be left to be developed by self regulatory mechanisms, rather than being guarded by the legislature

SCRIPT : A Legacy of Vitality

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Music and dance: beyond copyright text?

Are experiential, experimental forms of music and dance beyond protection by copyright? If they are, how might these art forms best be protected by cultural policy and cultural economics? These were the key questions that we set out to investigate with the support of a Beyond Text grant from the Arts and Humanities Research Council and with the help of our network members where together we formed an interdisciplinary team comprised of experts in copyright law, cultural policy, cultural economics, dance and musical composition. Through a series of interviews with musicians, singers, songwriters, composers, dancers, choreographers and others involved in the music industry and dance community we came to the conclusion that these types of works are both before copyright and beyond copyright. They are before copyright because what matters to the majority of those involved is the process of creation – which itself is constantly evolving – rather than the product – the protected work once fixed. They are beyond copyright because key aspects of the performance involve contributions which are not recognised by copyright, and because there is much about the performance which simply cannot be captured in the mechanical sense. As a result, policy intervention, which focuses on the product rather than the process, becomes problematic. This article suggests a series of practical recommendations made by our interviewees for ways in which the art forms may be supported into the future

Public Domain, Public Interest, Public Funding: Focussing on the ‘Three P’s’ in Scientific Research

The paper discusses the ‘three Ps’ of scientific research: Public Domain; Public Interest; Public Funding by examining difficulties faced by scientists engaged in scientific research. It discusses the problems faced when working within the constraints of current copyright and database legislation, where property claims can place obstacles in the way of research, in other words, the public domain. The article then looks at perceptions of the public interest and asks whether copyright and the database right reflect understandings of how this concept should operate. Thirdly, it considers the relevance of public funding for scientific research in the context of both the public domain and of the public interest. Finally, some recent initiatives seeking to change the contours of the legal framework are be examined

Creative Commons, Integrated Circuits, Open Access, Information Technologies

The contribution to Oxford Enclopaedia broadly discusses the information technologies and technologies used to protect and disseminate content posted on the Internet. Creative Commons licenses as a means of protecting works is examined, together with methods such as Open Access which allow users to share information posted online

International Private Law, Consumers and the Net: A Confusing Maze or a Smooth Path Towards a Single European Market

The chapter discusses the growing emergence of international trade conducted via the Internet, with regard to the EU E-Commerce Directive and UK regulation. Specifically the chapter focusses on 'country of origin' versus 'country of destination' debates in attempting to understand the complexities of emerging legislation for business and consumers

The priorities, the values, the public

The chapter brings together arguments about intellectual property rights, and the public domain. It examines where and how the values in intellectual property policy, and the intellectual property system, are sited with regard to the public and their conception of the public domain. The article goes onto discuss how better to involve the public in such debates which often centre on legal terminology

Intellectual Property, Competition and Human Rights: the past, the present and the future

Introduction to a special edition of the SCRIPTed journal, focussing on interplay between intellectual property, competition and human rights. The article discusses the significance of contributions to the journal by expert panel members and participants, from an exploratory meeting held in Edinburgh in December 2004. The papers in the collection are written in memory of Mr Paul Geroski, a participant at the meeting, and then Chairman of the UK Competition Commission