Copyright and intellectual property issues are becoming increasingly important as information is archived and made accessible on electronic media such as CD-ROMs, file servers, and the World Wide Web. The Advanced Computing Center for the Arts and Design (ACCAD) is sponsoring a one day meeting that will bring guest speakers with expertise in the various relevant areas to campus for a symposium to discuss these issues. Funding is provided by ACCAD, the Graduate School, The Office of Research, and reSource Marketing.
As construction of the Information Superhighway continues, one complication that must ultimately be faced is that of ownership of information that is stored at various nodes on the Internet, on CD-ROM and other emerging electronic media, and information that is accessible in electronic form from archives and service providers. Current law is considered by many to be inadequate when it comes to protecting this kind of information and defining exactly what intellectual property rights are in cyberspace.
Bruce Lehman, the Commissioner of Patents and Trademarks, in the Preliminary Draft of the report of the Working Group on Intellectual Property Rights, a subgroup of the Information Infrastructure Task Force observes:
...Advances in digital technology and the rapid development of electronic networks and other communications technologies raise the stakes [of copyright owners ability to prevent unauthorized uses of their works] considerably. Any two-dimensional work can readily be digitized -- i.e., translated into digital code (a series of zeros and ones). The work can then be stored and used in that digital format. This dramatically increases: the ease and speed with which a work can be reproduced; the quality of the copies (both the first and the hundredth generation); the ability to manipulate and change the work; and the speed with which copies (authorized and unauthorized) can be delivered to the public. Works also can be combined easily with other works into a single medium, such as a CD-ROM, which is causing a blurring of the lines that typically divide types of works.
The establishment of high-speed, high-capacity electronic information systems makes it possible for one individual, with a few key strokes, to deliver perfect copies of digitized works to scores of other individuals -- or to upload a copy to a bulletin board or other service where thousands of individuals can download it or print unlimited hard copies on paper or disks. The emergence of integrated information technology is dramatically changing, and will continue to change, how people and businesses deal in information and entertainment products and services, and how works are created, owned, distributed, reproduced, displayed, performed, licensed, managed, presented, organized, sold, accessed, used, and stored. This leads, understandably, to a call for change in the law.
Adding to the complexity of this issue are the rapidly evolving capabilities of text and image manipulation techniques. This will undoubtedly affect the way information is treated as property. An artists original work can be easily downloaded and modified in its digital form with off-the-shelf image manipulation software, e.g. Adobe Photoshop¨. The resulting image has all of the resolution and quality of the original. Parts of images can be integrated into other original works, resulting in questions regarding ownership and violation of intellectual property rights.
Multimedia producers and developers integrate preexisting material, including photographs, text, video footage and music, in their productions. This preexisting material may already be protected by copyright, and the acquisition of permission to use such material is complicated. Very often these producers look to the fair use doctrine as justification for their ability to include a piece of work. This doctrine may or may not be applicable, and these producers need better insight as to how to adhere to the laws and guidelines.
As noted in the NII whitepaper, the use of computer technology has had an enormous impact on the creation, reproduction and dissemination of copyrighted works. Intellectual property is a subtle and esoteric area of the law that evolves in response to technological change. This constant evolution presents real challenges to users and distributors of electronic information, and awareness of the existing laws and their applications is essential. Otherwise owners of intellectual property rights will not be willing to put their interests at risk. Likewise, the public will not use the services available unless access to a wide variety of works is provided under equitable and reasonable terms and conditions, and the integrity of those works is assured.
The symposium (May 9, 1997) will focus on the issues involved in the protection (and interpretation) of intellectual property rights in the electronic world. It will bring together artists, designers, multimedia content developers, network service providers, ethics and legal experts to discuss the current state of the world with regards to fair use and intellectual property. Two panel sessions will be held in order to concentrate on different topics and will feature experts presenting short 20 minute presentations, followed by the panel interacting with the audience in an open discussion.
The morning panel session and discussion is comprised of an artist working in the digital world, a designer, a multimedia content developer, and a legal representative. We will be concentrating on the issues and responsibilities of persons on both sides of the creator/user fence. The moderator is Dr. Wayne Carlson, Director of ACCAD and Associate Professor in the Department of Industrial, Interior and Visual Communication Design. The panelists include:
Tony Mendoza. An OSU faculty member and world renowned photographer, Tony will discuss issues and concerns regarding the placement of his and other artists creative works on electronic media, including the Web and CD-ROM.
Liz Sanders. A human/computer interface design expert with Fitch Worldwide, Liz will discuss the look and feel component of interactive systems and the concerns with the protection of these elements in the electronic world.
Dennis Bajec. Dennis is Interactive Art Director for reSource Marketing, a multimedia development and marketing company, and will discuss the process of integrating mixed media into a CD-ROM or Web based product, including concerns for the protection of his company as well as his clients, which include Burton Snowboards and Compuserve.
Keith Harmon, Esq.. An attorney and project director for ECLIPS (Electronic Commerce, Law, and Information Policy Strategies), Keith will present the copyright protection dichotomy - how to protect creative resources yet conform to first amendment rights.
Peter Fowler, Esq.. As a representative from the U.S. Patent and Trade Office, and an active participant in activities related to fair use, Peter will discuss how the fair use doctrine can come into play in the artistic world of cyberspace.
The afternoon will be a discussion of the National Information Infrastructure whitepaper and its implications in the area of fair use and intellectual property related to the internet. The moderator is Dr. Carol Gigliotti, Assistant Professor in the Department of Art Education and ACCAD.
Afternoon Session (1:30 p.m. to 4:00 p.m.)Prof. Jessica Litman. A law professor at Wayne State University Law School in Detroit, Prof. Litman will present an overview and application of current laws related to the Internet, and will look at a variety of proposals for new or revised laws to regulate the developing Global Information Infrastructure.
Timothy O Hearn, Esq.. A practicing attorney with the firm of Jones, Day, Reavis & Pogue, Mr. O Hearn and others with his firm have represented clients such as Compuserve and The Rock and Roll Hall of Fame in issues related to copyright infringement and intellectual property.
Steve McDonald, Esq.. An attorney with The Ohio State University Office of Legal Services, Steve will discuss impact of the law on Universities, and how the University at large and students, staff and faculty can make certain that we are compliant with it.
Prof. Mark Alfino. A well known contributor to the discipline of business and organizational ethics and a professor of philosophy at Gonzaga University in Spokane, Prof. Alfino will talk about intellectual property and copyright ethics.
The panelists and the audience will then have an open discussion on such diverse issues as:
Please contact Elaine Hamilton for more information. Phone: (614) 292-1053. Fax: (614) 292-7776. E-mail: elaine@accad.ohio-state.edu