copyrights. hec montrÉal – mba 53-751-03 it and e-commerce jacques robert & jean talbot, hec...

CopyrightsCopyrights

HEC MONTRÉAL – MBA53-751-03 IT and E-Commerce

Jacques Robert & Jean Talbot, HEC Montréal

Links on CopyrightsLinks on Copyrights

• Copyright basicsCopyright basics

• History of CopyrightHistory of Copyright

• Internet: Copyright and Intellectual Property Internet: Copyright and Intellectual Property IssuesIssues

• U.S. Copyright OfficeU.S. Copyright Office

• Copyright, Fair UseCopyright, Fair Use& Intellectual Property Rights & Intellectual Property Rights



Objectives of copyright lawsObjectives of copyright laws

• Provide to the creator an exclusive and transferable right Provide to the creator an exclusive and transferable right (monopoly) to reproduce, distribute, create products a creative (monopoly) to reproduce, distribute, create products a creative work. work.

• Render illegal to copy a creative work without the consent of the Render illegal to copy a creative work without the consent of the author. author.

• Allow authors to draw profits from their creative work.Allow authors to draw profits from their creative work.• Define limits : « fair use », « first sale doctrine ».Define limits : « fair use », « first sale doctrine ».



Doctrine « First sale »Doctrine « First sale »

• Basically this copyright doctrine says that owners of copies of Basically this copyright doctrine says that owners of copies of copyrighted works can redistribute their copy without the copyrighted works can redistribute their copy without the copyright owner's permission. copyright owner's permission.

• This traditionally promotes public access to information. This traditionally promotes public access to information.

• Many believe this doctrine should be abolished for works Many believe this doctrine should be abolished for works transmitted digitally. transmitted digitally.



Fair UseFair Use• #1#1: Purpose and character of use. The courts are most likely to find fair use : Purpose and character of use. The courts are most likely to find fair use

where the use is for noncommercial purposes, such as a book review. where the use is for noncommercial purposes, such as a book review. • #2#2: Nature of the copyrighted work. The courts are most likely to find fair use : Nature of the copyrighted work. The courts are most likely to find fair use

where the copied work is a factual work rather than a creative one.where the copied work is a factual work rather than a creative one.• #3#3: Amount and substantiality of the portion used. The courts are most likely : Amount and substantiality of the portion used. The courts are most likely

to find fair use where what is used is a tiny amount of the protected work. If to find fair use where what is used is a tiny amount of the protected work. If what is used is small in amount but substantial in terms of importance - the what is used is small in amount but substantial in terms of importance - the heart of the copied work - a finding of fair use is unlikely. heart of the copied work - a finding of fair use is unlikely. #4#4: Effect on the potential market for or value of the protected work. The : Effect on the potential market for or value of the protected work. The courts are most likely to find fair use where the new work is not a substitute courts are most likely to find fair use where the new work is not a substitute for the copyrighted work. for the copyrighted work.

Source: Source: Intellectual Property Law Primer for Multimedia Developers Intellectual Property Law Primer for Multimedia Developers Copyright Copyright 1994 by J. Dianne Brinson and Mark F. Radcliffe1994 by J. Dianne Brinson and Mark F. Radcliffe



Fundamentalist ApproachFundamentalist Approach

• Protection of private property.Protection of private property.

• Copying is stealing.Copying is stealing.

• The state must protect private property et hence make The state must protect private property et hence make copying illegal. copying illegal.



Agenda MaximalistAgenda Maximalist

• Give copyright owners control over every use of copyright Give copyright owners control over every use of copyright works in digital form.works in digital form.

• Give copyright owners control over every transmission of works Give copyright owners control over every transmission of works in digital form.in digital form.

• Eliminate fair-use rights whenever a use might be licensed.Eliminate fair-use rights whenever a use might be licensed.

• Deprive the public of the « first sale » right.Deprive the public of the « first sale » right.

• Attach copyright management information to digital copies of a Attach copyright management information to digital copies of a work.work.

• Protect every digital copy of every work technologically.Protect every digital copy of every work technologically.

• Force online service providers to become copyright police.Force online service providers to become copyright police.



Economic Approach - incentiveEconomic Approach - incentive

• On one hand, copyright laws provide incentive to the On one hand, copyright laws provide incentive to the creation of creative work.creation of creative work.

• On the other, copyright laws create monopoly powers On the other, copyright laws create monopoly powers to the authors (and distributor).to the authors (and distributor).

• A tradeoff exists. A tradeoff exists.



Role of distributorsRole of distributors

• Distribute /produce creative worksDistribute /produce creative works

• Protect copyrights and pay creators. Protect copyrights and pay creators.

• Play the role of « Gatekeepers »Play the role of « Gatekeepers »– Identify relevant and interesting creative worksIdentify relevant and interesting creative works

– Assure their distributionAssure their distribution



Digital Right ManagementDigital Right Management

• Developing electronic tools to track the use and Developing electronic tools to track the use and distribution of Informational goodsdistribution of Informational goods

• Jeff Howe, "Licensed to bill", Wired.com, Sept Jeff Howe, "Licensed to bill", Wired.com, Sept 2001. 2001.

• ProblemsProblems– Developing micropaymentsDeveloping micropayments– Annoying consumersAnnoying consumers– Breaking the protectionBreaking the protection

copyrights. hec montrÉal – mba 53-751-03 it and e-commerce jacques robert & jean talbot, hec...

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hec montralfair use

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