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Law, Politics, and Culture. Lecture Notes for Course ABMA18 Jutta Haider and Nora Schmidt Intellectual Property and Digital Information: Law, Politics, and Culture Lecture Notes for Course ABMA18. Department of Arts and Cultural Sciences Version 1.0, 2019. DOI:10.5281/zenodo.3461763 About the Course Intellectual property (IP) is an area of increasing relevance and it is undergoing continuous changes, frequently being subject to highly visible controversies. Alongside these controversies the literature on IP's various facets continues to grow and is increasingly multi-disciplinary. At the same time, the decisions that information professionals, R&D personnel and artists have to face in their working lives are increasingly tied to legal concerns. The course is intended to deal with these issues from a number of different perspectives, specifically considering cultural, political, legal, but also economical aspects, including those relevant outside a Western context. It will provide an overview of the legal situation in a national, European, and international setting. Participants will gain an understanding of the various forms of IP (copyright, patent, trademark, etc.) and expanding or antagonistic concepts including the creative commons, open access, open source, and piracy. Acknowledgements These lecture notes have their origin in the course “Intellectual Property – Law, Politics and Culture”, developed and first taught by Jutta Haider at Lund University in 2011. Over the years, other teachers adopted this material: Karolina Lindh and Arwid Lund. When Nora Schmidt became the course responsible in 2017, the lecture notes received a substantial overhaul, and have been updated annually since. The co- teacher of 2017, Andrea Mervik, and the co-teacher since, Charlotte Högberg, both contributed with comments and corrections. This version is the first to be published as Open Educational Resource. The cover image, stating that "all reproduction, deformation, modification, derivation, and transformation of the Situationist Times is permitted", is taken from the back cover of the The Situationist Times (1962-1965), no. 3, international British edition, edited by Jacqueline de Jong. The journal largely is a collage of found imagery, that might be protected under IP law. After the Dadaist movement, the Situationists established another wave of remixing culture, not bothering to breach any IP law. As far as we know, none of them was ever persecuted for that. License This Open Educational Resource is licensed under a Creative Commons Attribution 4.0 International Public License (CC BY). Redistribution and adaption for all purposes is allowed, as long as credit is given to the original authors. For the legal terms, see https://creativecommons.org/licenses/by/4.0/legalcode. Lund University, Department of Arts and Cultural Sciences 3 Course ABMA18: Intellectual Property and Digital Information: Law, Politics, and Culture Jutta Haider and Nora Schmidt. Lecture Notes. Second Term 2019 Contents Session 1: The Emergence of Intellectual Property.......................................................5 1 Definitions..........................................................................................................5 1.1 Intellectual Property..........................................................................................5 1.2 Types of Intellectual Property............................................................................7 2 The Balance of Rights.........................................................................................8 3 History................................................................................................................9 Session 2: Copyright.....................................................................................................13 1 Copyright Symbols...........................................................................................13 2 The Berne Convention......................................................................................15 3 The Universal Copyright Convention (UCC)....................................................16 4 Legal Definitions of Copyright.........................................................................16 4.1 Originality.........................................................................................................17 4.2 Economic Rights, Moral Right and Plagiarism................................................18 4.3 Protection Periods............................................................................................19 4.4 Limits of Copyright and Digital Media.............................................................20 Session 3: Industrial Intellectual Property...................................................................23 1 The Paris Convention.......................................................................................24 2 Patents..............................................................................................................24 3 Trademarks.......................................................................................................26 4 Design Rights...................................................................................................27 5 AI and User Data as Trade Secrets..................................................................28 Lund University, Department of Arts and Cultural Sciences 4 Course ABMA18: Intellectual Property and Digital Information: Law, Politics, and Culture Jutta Haider and Nora Schmidt. Lecture Notes. Second Term 2019 Session 4: Copyright Management at Cultural Heritage Institutions..........................30 1 Clearing Copyright and the Issue of Orphan Works........................................31 2 From Owning to Licensing: Negotiating Access..............................................32 3 Extended Collective Licences...........................................................................35 4 “Archiving” Remote Content?...........................................................................36 Session 5: Intellectual Property in the Age of Neoliberalism.......................................37 1 The TRIPS Agreement......................................................................................38 2 The Doha Declaration.......................................................................................39 3 TRIPS-plus........................................................................................................40 4 ACTA, TTP, and TTIP........................................................................................40 5 The WIPO Copyright Treaty.............................................................................41 6 The EU Copyright Reform................................................................................42 Session 6: Global Perspectives and Traditional Knowledge.........................................47 1 “Developing Countries”....................................................................................47 2 Positioning in Patenting and Trade (Negotiations)..........................................48 3 “Traditional”/”Indigenous” Knowledge vs. the IP System...............................51 4 Preliminary Conclusion....................................................................................54 Session 7: The Public Domain and “Open Everything”................................................55 1 Alternative Copyright Licensing Models..........................................................55 2 Free Software and Open Source......................................................................56 3 Open Access.....................................................................................................58 4 New ways of Patent Licensing.........................................................................60 Session 8: Piracy and Digital Rights Management.......................................................63 1 The Principle of Territoriality and the History of Copyright Piracy................63 2 From File Sharing to Streaming......................................................................65 3 Aaron Swartz and Shadow Libraries................................................................69 4 Patent Piracy....................................................................................................71 Lund University, Department of Arts and Cultural Sciences 5 Course ABMA18: Intellectual Property and Digital Information: Law, Politics, and Culture Jutta Haider and Nora Schmidt. Lecture Notes. Second Term 2019 Session 1: The Emergence of Intellectual Property Mandatory reading for this course session Hesse, Carla. ‘The Rise of Intellectual Property, 700 B.C.-A.D. 2000: An Idea in the Balance’. Daedalus 131, no. 2 (2002): 26–45, http://www.jstor.org.ludwig.lub.lu.se/stable/20027756. Mellot, Jean-Dominique. ‘Counterfeit Printing as an Agent of Diffusion and Change: The French Book-Privilege System and Its Contradictions (1489-1790)’. Agent of Change: Print Culture Studies after Elizabeth L. Eisenstein, edited by Sabrina Alcorn Baron et al., University of Massachusetts Press, 2007, pp. 42–66, https://books.google.com/books? hl=en&lr=&id=gBmYsCKwz24C&pg=PA42#v=onepage. El Said, Mohammed. ‘Rethinking the Foundations of Intellectual Property: Applying Islamic Principles on Selected Contemporary IP Challenges’. Kritika: Essays on Intellectual Property, edited by Hanns Ullrich et al., vol. 3, Cheltenham: Edward Elgar, 2018, pp. 94–131, LUBSearch. 1 Definitions 1.1 Intellectual Property Purely technical answers
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