"Access to Excess " - part of the Media Forum.
Round Table Discussion.
Moderators - Olga Goryunova, Olga Shishko.
The copyright being aimed at
protection of nonmaterial values, such as art or literature works, has
traditionally been linked with the form, the material carrier of the copyright
object. The difficulty of copying (the basis of restrictions in handling the
copyright object, a part of the English term, in law terminology replaced by
recording, reproduction and publication) of the material carrier promoted
obedience to the copyright laws.
With the changes in the nature
of information (transfer to digital technologies) it became possible to copy not
the carrier, but the content itself with low expense and without wearing out the
starting material which presented serious problems for the authors, lawyers and
frequently for the viewers/users.
No open source movement activist
or copyleft supporter will oppose the author’s right to gain profits from his
paper book publication or a commercial film presentation -the answers to these
problems are evident. However as soon as the object is transferred into the
digital sphere a range of contradictions appears, which are caused by the very
nature of the digit.
The digital copy is instant,
very cheap and identical to the original. It looks like the development of
mechanisms to restrict the userabilities for copying is a serious infringement
of their personal rights. A work once out of the hands of its author in the
digital form, can never be controlled. The wars led by
organizations-intermediaries holders of copyrights or the works themselves are
just petty fights for preserving their recently unstable position win the view
of almost imminent future defeat.
A work recorded in the digital
form is preserved forever - that’s why the situation of content overproduction
already exists on the market (content turned into pure information is no longer
unique) - when there’s no sense in paying for the use of one work if another
can be used free of charge. And because of the growing commercial recognition of
the concept of providing content free along with services requiring payment, the
artist also has to give his work for free to gain a chance of being heard. Who
will pay for their artworks or their copy in the world of free commercial
They have to find other ways of
gaining profit (by personal communication with viewers, lecturing, live concerts
- Esther Dyson’s concept).
Does the existing concept of
copyright promote the development of culture and arts in accordance with their
Will copyright finally lose its
What should be the attitude
towards the shift of value from contents to “package’ - the positioning and
presenting processes, PR?
What can be the sources of
profit when copyright is destroyed?
How can content be used if
profit can’t be gained by copying it?
What will happen to intermediary
organizations., such as publishers, suppliers, copyright holders, archives
proprietors, etc… when copyright loses its value completely?
All these and other questions
will be discussed art the round table. Everyone’s invited!
The forms of intellectual
property protection are: copyright, patent and trademark.
usually protects art, theoretical and literary works, products of creative and
scientific activity. Protecting one’s work by copyright doesn’t require
obtaining a license or going through registration procedures.
Copyright protects both non-property
(right of authorship, title, author’s reputation protection, recall,
etc.) and property (reproduction, distribution, import, conversion)
rights of the author. It is usually the property rights that are infringed.
Non-property rights are retained by the author even when exclusive exploitation
rights are transferred to another person.
a term used in the situation when non-property rights are supported while
ignoring property rights.
the system for innovations’ protection: technologies as solutions for specific
problems, software products, etc. A patent is a license, received from a special
organization after an examination procedure. The patent functions radically: a
patent device may be used only with the author’s permission.
- a notion evolved in February 1998, requiring that software products meet a set
of conditions: access to source code, free distribution, non-discrimination
towards individuals or groups (distribution and project participation),
distribution in the form of author code plus patches, distribution of derivative
works under the same conditions, etc.
- a sign, indicating the product’s belonging to a certain enterprise. In most
countries requires registration procedures.
The first “Patent Act” was
passed in Venice in 1774.
In 1623 in Britain the
“Statute of Monopolies ” was passed (a permission to monopolistic usage of
an innovation’s profits for a 14 years period), in 1710 - “ Statute of Anne
” - a copyright law giving “exclusive right of publication of the work for
14 years from the moment of its creation with a possibility to renew this term
for another 14 years in the author’s lifetime”.
The concept of intellectual
property has first evolved in France (The Patent Law of 1791).
During the second half of the
eighteenth century the copyright laws protecting “the most sacred kind of
property” were enacted in the USA, Denmark, Prussia and other countries.
The Berne Convention of 1887 on
protection for literary and art works (14 members), the 1952 Geneva Convention (Universal
Copyright Convention) - both revised in 1971 in Paris and still in force, Russia
being a party to these agreements in the Paris wording.
Article VIII of the
Russian-American trade agreement (June 1990)
Binds Russia to bring the
national intellectual property laws in accordance with European and USA
Article 44 of the Russian
Federation Constitution guaranties freedom of creative activity and provides
intellectual property protection by law.
138 article of the Civic Code
“In cases and in order established by present Code and other laws the
exclusive right (of intellectual property) of a citizen or juridical person to
intellectual activity result and equated means of a juridical person
individualisation (company name, trade mark, service mark, etc) is recognised.
1992 - Russian Federal law
"Relating to legal protection of electronic computer software and databases”.
1993 - Russian Federal law “
Copyright and related rights”.
Article 9: "copyright for
the works of science, literature and arts takes effect by virtue of the fact of
their creation. Copyright taking effect and realization do not require a
registration of the work or other special legal procedures and observance of
Article 4: a reproduction of a
work into an electronic computer memory “is also considered a reproduction”.
The complete list of Russian and international
law acts: http://www.copyright.ru/law/index.html#different
URLS and LINKS:
1. Keyword search at www.computerra.ru,