Recent "Digital Copyright" Legislation: European Union

Directive on Copyright and Related Rights in the Information Society

In November 1996 the European Commission adopted a communication concerning the follow-up to the Green Paper on copyright and related rights in the information society. The proposed Directive aims at transposing into Community law the main international obligations arising from the two treaties on copyright and related rights adopted within the framework of the WIPO in December 1996 (WIPO Performances and Phonogram Treaty and WIPO Copyright Treaty). It applies to provisions relating to:

- the legal protection of computer programs

- rental right, lending right and certain rights related to copyright in the field of intellectual property

- copyright and related rights applicable to broadcasting of programs by satellite and cable retransmission

- the term of protection of copyright and certain related rights

- the legal protection of databases

The proposal was first presented by the Commission in January 1998, amended in May 1999 and currently is at second reading before the Parliament. Final adoption of the Directive could take place at the end of 2000 or the beginning of 2001 respectively.

A full-text version for download (pdf file) of the amended proposal for a Directive on copyright and related rights in the Information Society is available on the website of the European Commission (DG Internal Market): http://www.europa.eu.int/comm/internal_market/en/intprop/intprop/docs/index.htm

General critique concerning the proposed EU Directive includes:

- Open networks
The new law could require (technological) surveillance of communications to ensure enforcement. Also because Service Providers might be legally liable for transmitting unauthorized copies, the might in turn have to deny access to anybody who could not provide them with financial guaranties or insurance.

- Interoperable systems
The draft could negate the already established right in EU law for software firms to make their systems interoperable with the dominant copyright protected systems. This would be a threat to the democratic and economic rights of users.

- Publicly available information
It is yet unclear whether new legal protections against the bypassing of conditional access technology apply only for content with an exclusive right. If the content is already in the public domain, then there can be no possible violation of copyright law just from gaining access to it.

Comments from the library, archives and documentation community on the amended Directive embrace:

The Library Association
http://www.la-hq.org.uk/directory/prof_issues/dcrris2.html

EBLIDA (European Bureau of Library, Information and Documentation Associations)
http://www.eblida.org/lobby/position/ampos2fi.htm

Society of Archivists (U.K.) and Public Record Office (U.K.)
http://www.pro.gov.uk/about/copyright/copyrightdraft.htm

EFPICC (European Fair Practices In Copyright Campaign) http://www.eblida.org/efpicc/comments.htm

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Media Giants Online

The following selection does not claim to present an exhaustive listing, but rather picks some of the company's most important assets. Due to the rapid developments in the world of media giants the list is also subject to changes.

Broadcasting

ABC TV Network with 223 affiliated TV stations covering the entire U.S.

ABC Radio Network, with 2,900 affiliated stations throughout the U.S.

Owner of 9 VHF TV stations

Owner of 11 AM and 10 FM stations

Cable TV Systems and Channels/Networks

Disney Channel

80 % of ESPN cable TV channel and ESPN International

50 % of Lifetime cable TV channel

Internet/Interactive

Disney Interactive - entertainment and educational computer software and video games, plus development of content for on-line services.

Partnership with 3 phone companies to provide video programming and interactive services.

ABC Online

TV Production, Movies, Video, Music

Disney Television Production studios and Walt Disney Pictures movie studio

Buena Vista Television production company

Buena Vista Home Video

Miramax and Touchstone movie production companies

Buena Vista Pictures Distribution and Buena Vista International, distributors for Disney and Touchstone movies

Walt Disney Records, and Hollywood Records

Publishing

6 daily newspapers

About 40 weekly magazines, including: Discover, Women's Wear Daily, Los Angeles and Institutional Investor.

Chilton Publications

Guilford Publishing Co.

Hitchcock Publishing Co.

Theme Parks, Resorts, and Travel

Disneyland

Disney World and Disney World Resort

Part owner of Disneyland-Paris and Tokyo Disneyland

12 resort hotels

Disney Vacation Club

Cruise Lines

International TV, Film, and Broadcasting

50 % owner of Tele-München Fernseh GmbH & Co.

50 % owner of RTL Disney Fernseh GmbH & Co.

23 % owner of RTL 2 Fernseh GmbH & Co.

37,5 % owner of TM3 Fernseh GmbH & Co.

20-33 % stake in Eurosport network, Spanish Tesauro SA TV company, and Scandinavian Broadcasting System SA

20 % owner of TVA

Other

Over 500 Disney Stores, and licensing of Disney products

The Mighty Ducks professional hockey team

25 % ownership of California Angels major league baseball team

Business Connections with Other Media Companies

Joint ventures, equity interests, or major arrangements with Bertelsmann, TCI, Hearst Corp., Kirch, and various other media and telephone companies.

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1960s - 1970s: Increased Research in Artificial Intelligence (AI)

During the cold war the U.S. tried to ensure that it would stay ahead of the Soviet Union in technological advancements. Therefore in 1963 the Defense Advanced Research Projects Agency (DARPA) granted the Massachusetts Institute of Technology (MIT) U.S.$ 2.2 million for research in machine-aided cognition (artificial intelligence). The major effect of the project was an increase in the pace of AI research and a continuation of funding.

In the 1960s and 1970s a multitude of AI programs were developed, most notably SHRDLU. Headed by Marvin Minsky the MIT's research team showed, that when confined to a small subject matter, computer programs could solve spatial and logic problems. Other progresses in the field of AI at the time were: the proposal of new theories about machine vision by David Marr, Marvin Minsky's frame theory, the PROLOGUE language (1972) and the development of expert systems.

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Invention

According to the WIPO an invention is a "... novel idea which permits in practice the solution of a specific problem in the field of technology." Concerning its protection by law the idea "... must be new in the sense that is has not already been published or publicly used; it must be non-obvious in the sense that it would not have occurred to any specialist in the particular industrial field, had such a specialist been asked to find a solution to the particular problem; and it must be capable of industrial application in the sense that it can be industrially manufactured or used." Protection can be obtained through a patent (granted by a government office) and typically is limited to 20 years.

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Dieter Dörner

Professor of theoretical psychology at the University of Bamberg, Germany. He defends the idea that the soul can be simulated by an information system. Artificial life will be able to reproduce itself and will therefore need a right to life just as biological life. Artificial life will also be able to feel pain, and there will have to be a new form of interaction between humans and artificial life forms. Dörner is conducting a research project on human action in situations of insecurity and complexity and has published "The logic of failure. Why things go wrong and what we can do to make them right" as well as "The Logic of Failure: Recognizing and avoiding error in complex situations."

http://www.uni-bamberg.de/ppp/insttheopsy/adressen.htm

http://www.uni-bamberg.de/ppp/insttheopsy/adr...
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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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