Basics: Rights Recognized

Copyright protection generally means that certain uses of a work are lawful only if they are done with the authorization of the owner of the copyright. The most typical are the following:

- copying or reproducing a work
- performing a work in public
- making a sound recording of a work
- making a motion picture of a work
- broadcasting a work
- translating a work
- adapting a work

Under certain national laws, some of these rights, which are referred to, as "economic rights'" are not exclusive rights of authorization but in specific cases, merely rights to remuneration. Some strictly determined uses (for example quotations or the use of works by way of illustration for teaching) are completely free, that is, they require neither authorization of, nor remuneration for, the owner of the copyright. This practice is described as fair use.

In addition to economic rights, authors enjoy "moral rights" on the basis of which they have the right to claim their authorship and require that their names be indicated on the copies of the work and in connection with other uses thereof. They also have the right to oppose the mutilation or deformation of their creations.

The owner of a copyright may usually transfer his right or may license certain uses of his work. Moral rights are generally inalienable and remain with the creator even after he has transferred his economic rights, although the author may waive their exercise.

Furthermore there exist rights related to copyright that are referred to as "neighboring rights". In general there are three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.

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History: Communist Tradition

Following the communist revolutions of the 20th century all "means of production" became the property of the state as representative of "the masses". Private property ceased to exist. While moral rights of the creator were recognized and economic rights acknowledged with a one-time cash award, all subsequent rights reverted to the state.

With the transformation of many communist countries to a market system most of them have now introduced laws establishing markets in intellectual property rights. Still the high rate of piracy reflects a certain lack of legal tradition.

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World War II ...

Never before propaganda had been as important as in the 2nd World War. From now on education was one more field of propaganda: its purpose was to teach how to think, while pure propaganda was supposed to show what to think.
Every nation founded at least one ministry of propaganda - of course without calling it that way. For example the British called it the Ministry of Information (= MOI), the U.S. distinguished between the Office of Strategic Services (= OSS) and the Office of War Information (= OWI), the Germans created a Ministry of Propaganda and Public Enlightenment (= RMVP) and the Japanese called their disinformation and propaganda campaign the "Thought War".
British censorship was so strict that the text of an ordinary propaganda leaflet, that had been dropped from planes several million times, was not given to a journalist who asked for it.

Atrocity stories were no longer used the same way as in the 1st World War. Instead, black propaganda was preferred, especially to separate the Germans from their leaders.
German war propaganda had started long before the war. In the middle of the 1930s Leni Riefenstahl filmed Hitler best propaganda movies. For the most famous one, "Triumph of the Will" (1935), she was the only professional filmier who was allowed to make close-up pictures of her admirer.

Some of the pictures of fear, hatred and intolerance still exist in people's heads. Considering this propaganda did a good job, unfortunately it was the anti-national-socialist propaganda that failed at that time.

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Intellectual Property and the "Information Society" Metaphor

Today the talk about the so-called "information society" is ubiquitous. By many it is considered as the successor of the industrial society and said to represent a new form of societal and economical organization. This claim is based on the argument, that the information society uses a new kind of resource, which fundamentally differentiates from that of its industrial counterpart. Whereas industrial societies focus on physical objects, the information society's raw material is said to be knowledge and information. Yet the conception of the capitalist system, which underlies industrial societies, also continues to exist in an information-based environment. Although there have been changes in the forms of manufacture, the relations of production remain organized on the same basis. The principle of property.

In the context of a capitalist system based on industrial production the term property predominantly relates to material goods. Still even as in an information society the raw materials, resources and products change, the concept of property persists. It merely is extended and does no longer solely consider physical objects as property, but also attempts to put information into a set of property relations. This new kind of knowledge-based property is widely referred to as "intellectual property". Although intellectual property in some ways represents a novel form of property, it has quickly been integrated in the traditional property framework. Whether material or immaterial products, within the capitalist system they are both treated the same - as property.

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Royalties

Royalties refer to the payment made to the owners of certain types of rights by those who are permitted by the owners to exercise the rights. The rights concerned are literary, musical, and artistic copyright and patent rights in inventions and designs (as well as rights in mineral deposits, including oil and natural gas). The term originated from the fact that in Great Britain for centuries gold and silver mines were the property of the crown and such "royal" metals could be mined only if a payment ("royalty") were made to the crown.

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