Intellectual property education

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Intellectual property education is the teaching of explanations of and arguments concerning intellectual property laws, especially copyright and related violations. Proponents argue that such education should be implemented because of increasing copyright infringement by students (and the general population). Detractors argue that such education is tantamount to forced indoctrination of propaganda.

Contents 1 History and reasoning 2 Misconceptions 3 See also 3.1 References

[edit] History and reasoning

For most of its history, copyright was only an issue for publishers and authors, because other people did not have the technology to allow them to easily make copies of works. But in modern times, with the development of photocopiers, tape recorders, and nearly everything done with computers, the ability to copy and publish works is much more widely availably, and much of this activity is covered by copyright law.

The incremental cost of making a new copy of an electronic file is very low, because making electronic copies of information costs little. This ease of making copyright infringing copies has led to increasing infringement of copyright laws by the general public. In order to curb this infringement copyright holders have lobbied to pass more and more restrictive laws.

One school of thought, advocated by commentators including Richard Stallman and Jessica Litman, holds that if the expectations and habits of the public conflict with copyright, it is copyright which must adjust.

Many advocates of existing copyright laws reach the opposite conclusion: digital technology means that all citizens must now learn to understand and respect copyright as it stands. In particular, while it may be in an individual's self-interest to infringe copyright and obtain something without paying for it, it can be argued that society as a whole would lose out because less copyrighted works would be produced. Since the rules of copyright often run contrary to users' individual self-interest, a great deal of education may be required to prevent violation of these laws.

In the United States, intellectual property education was strongly advocated in 1995 by USPTO head Bruce Lehman's Working Group on Intellectual Property Rights for the Information Infrastructure Task Force. As they put it, children must learn to "just say yes" to licensing. Since then, calls for copyright education in schools have been ongoing. Two developments in 2003 have been the introduction of legislative proposal HR-2517 in the U.S. House of Representatives by Howard Berman, entitled the Piracy Deterrence and Education Act of 2003; and the launch, by the MPAA, of an IPE campaign in American schools (news coverage: [1],[2],[3]).

[edit] Misconceptions

Opponents of intellectual property education allege that proponents make some common mistakes:

• They assert that copying CDs is wrong. As with blank consumer music and video tape, in the US, blank music CDs have a mandatory royalty included in their price, as do music CD recorders. Those royalties are distributed to those in the music business through copyright collective associations. Copying music using these systems is a lawful, licensed use which benefits the copyright holders. 17 USC 109 (1) says that lawfully made copies may be sold. Computer CD recorders and blank computer CDs do not include these royalty payments (see blank media tax) and if not made lawfully may not be lawfully sold.

• Under US law, the Limitations on exclusive rights: Computer programs and fair use doctrine permit purchasers to make copies for personal and family use without paying royalties.

• Under US law, first-sale doctrine permits owners of a copy of a copyrighted work to transfer ownership without permission or paying royalties. Digital Rights Management and Product Activation by its nature prevents this.

• They ignore history. Copyright holders have tried to impair the development of technology which upset their business model for generations, attempting to stop player pianos, cable TV and VCRs.

• They ignore provisions in copyright law for non-profit archives and libraries to make and lend copies of works.

• Many times they will try to claim copyright on non-copyrightable items such as; letter decorations (fonts), facts (phone books), listing of ingredients (recipes), figures (labor statistics), the works of the US Government, and materials in public domain without any transformative effort or work besides digitizing or hosting them.

• They may pay insufficient attention to the fact that, like fair use, copying for educational purposes is a copying right owned by society, not one granted to them under US law.

• They note that copyrighted works will eventually become public domain without noting the great increase in copyright terms, such that essentially nothing produced during the lifetime of any student will enter the public domain during that life. For those retiring and retired today, that public domain right has been repeatedly approached and then taken away, as some copyright holders have lobbied Congress over 20 times to extend copyrights just before their copyrights were about to expire.

• They ignore that the license and not sold argument was settled back in 1908 and 1913 by the U.S. Supreme Court (BOBBS-MERRILL CO. v. STRAUS, 210 U.S. 339 (1908) in cases of copyright and BAUER & CIE v. O'DONNELL, 229 U.S. 1 (1913) for patent) different from how of lower courts have interpreted it in cases such as MAI Systems Corp. v. Peak Computer, Inc.. Likewise many of lower courts adhere to older rulings when answering this question in cases such as Softman v. Adobe. When copyrighted materials are sold, the exceptions to copyright found in articles 107-122 apply and there is no legal ground for an individual to agree to an EULA or "Shrink-Wrap" license, except that collusion among software makers have made it commonplace to include them.

• Digital Rights management and Activation techniques allow the content holders to decide, dictate, and enforce their self-defined exclusive rights on the materials instead of Congress.

• They compare a civil infraction (most consumer copyright infringement) with the crimes of murder and theft of property (piracy).

Alternative views include the view that the reason copyright holders are seeing infringement problems is that their efforts to extend the time they have monopolies and impose restrictions on use have caused people to be scornful of them; then perceive them as simply acquisitive, seeking to change the law maximize their gain at the expense of most of the society from which they benefit and on which they depend for their income. Solutions of those with this view involve such things as returning to a copyright term no longer than the patent term, so that people can see works entering the public domain during their lives and will see actual benefit as a result.

[edit] See also

philosophy of copyright

Franklin Pierce Law Center

[edit] References

1. Richard Stallman, Reevaluating Copyright: The Public Must Prevail, Oregon Law Review 75(1) 1996.
2. Jessica Litman, Digital Copyright, Prometheus Books, 2001.
3. Bruce A. Lehman (chair), Information Infrastructure Task Force Working Group on Intellectual Property Rights, Intellectual Property and the National Information Infrastructure - Part 3 (Education), 1995.
4. Cui, Mei. Intellectual Property Issues in Middle Schools of the United States and the People’s Republic of China, Mastes Thesis, Concordia University, River Forest, IL. 1999.
5. International Intellectual Property Alliance (IIPA). “USTR 2002 'Special 301' Decisions and IIPA Estimated U.S. Trade Losses Due to Copyright Piracy.” IIPA Online. [4]
6. Shaheen Lakhan, Stop Piracy with Edification: Intellectual Property Education in School - Education Today - NZ. Issue 6:2003
7. Oliver R. Goodenough, "The Future of Intellectual Property: Broadening the Sense of `Ought'", European Intellectual Property Review, 24(6) 2002.