Challenges for Copyright by ICT: Digital Content Providers

Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.

Framing

Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.

Hyperlinking

It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.

Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.

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Exchange of the Text

One of the easiest tools for disinformation is to exchange the words written below a photograph. The entire meaning of the picture can be varied like this:

- The visit of a school-group at a former international camp can change into a camp, where children are imprisoned (which happened in the Russian city of Petroskoy in 1944).

- Victims of war can change nationality. The picture of the brutal German soldier in World War II that was shown in many newspapers to demonstrate the so-called typical face of a murderer, turned out to be French and a victim in other newspapers.

- In 1976 a picture of children in a day-nursery in the GDR is taken: The children, coming out of the shower, were dressed up in terry cloth suits with stripes. The same year the photograph with the happily laughing boys and girls wins the contest "a beautiful picture". Two years later a small part of the photograph can be seen in a Christian magazine in West-Germany, supposedly showing children from a concentration camp in the USSR. The smiling faces now seem to scream. (source: Stiftung Haus der Geschichte der Bundesrepublik Deutschland (ed.): Bilder, die lügen. Begleitbuch zur Ausstellung im Haus der Geschichte der Bundesrepublik Deutschland. Bonn 1998, p. 79)

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The British Propaganda Campaign in World War I

The British set up a unique system for propaganda, involving GB, the USA and all the colonies. Most different agencies and civilians worked together, the civilians not always knowing about the machinery behind.
During the first years of the war the main goal was to achieve a U.S.-entry to the war on Britain's side of the battle. All propaganda was working on this, which meant to destroy Germany's reputation and create dark stereotypes about them, which was an easy task as the Germans were not only fatally unlucky but also very weak in propaganda. At the same time the U.S.-citizens' opinion about the war had to be influenced. The most promising way to do so was by starting with the men in power.

One of the most beloved tools at that time was the use of atrocity stories; and most popular among the masses were cartoons, furthermore posters, an element perfectioned by the USSR in World War I and II, and movies.

The particular thing was that British propaganda finally had an effect on the German population. Soldiers at the front and people at home received the disinformation messages, mostly pamphlets that had been dropped by aeroplanes or balloons.
Together with the development of the fightings turning against the Germans this kind of propaganda was able to discourage the people and make the German government lose its power of propaganda.
"Allied propaganda had caused a collapse of morale at home." (Taylor, Munitions of the Mind, p. 188)

After all this success it is hardly understandable that the British committed a huge error right after the war, an error that had bad consequences for the next war: being regarded as a tool of war and therefore regarded as inappropriate for times of peace, the propaganda institutions were closed. At about the same time similar ones were built up in Germany - first of all on paper, in Hitler's book Mein Kampf, whose author was an admirer of the British propaganda machine in World War I and decided to perfect it in his own country.

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Economic rights

The economic rights (besides moral rights and in some cases also neighboring rights) granted to the owners of copyright usually include 1) copying or reproducing a work, 2) performing a work in public, 3) making a sound recording of a work, 4) making a motion picture of a work, 5) broadcasting a work, 6) translating a work and 7) adapting a work. Under certain national laws some of these rights are not exclusive rights of authorization but in specific cases, merely rights to remuneration.

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Nicolae Ceaucescu

Nicolae Ceausescu (1918-1989) was State-Secretary of Romania from 1967 to 1989. He is supposed to have been one of the cruelest dictators of the Eastern Bloc. His power was assured by a huge system of spies called the Securitate. In 1989 when the other Eastern-European countries started liberalizing their politics, he tried to follow the same policy as before; in December he had to flee but was betrayed and ended up being shot together with his wife right after a short and secret trial. Today it seems as if the revolution of those days had been organized by the communists to assure power. In the meantime the situation for the people has not improved at all but rather worsened.

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Intellectual property

Intellectual property, very generally, relates to the output that result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches: 1) industrial property (inventions, marks, industrial designs, unfair competition and geographical indications), and 2) copyright. The protection of intellectual property is guaranteed through a variety of laws, which grant the creators of intellectual goods, and services certain time-limited rights to control the use made of their products.

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Mark

A mark (trademark or service mark) is "... a sign, or a combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. The sign may particularly consist of one or more distinctive words, letters, numbers, drawings or pictures, emblems, colors or combinations of colors, or may be three-dimensional..." (WIPO) To be protected a mark must be registered in a government office whereby generally the duration is limited in time, but can be periodically (usually every 10 years) renewed.

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