Centralization of the Content Industry

Following the 1980s a sweeping restructuring of commercial media power has happened. While some firms have grown through expansion others extended through mergers and acquisitions. Examples are Time & Warner & Turner & AOL; Viacom & Paramount & Blockbusters or News Corp. & Triangle & 20th Century Fox & Metromedia TV.

In recent years those developments have led to the rise of transnational media giants, resulting in the domination of the global media system by about ten huge conglomerates. These have interests in numerous media industries, ranging from film production, magazines, newspapers, book publishing and recorded music to TV and radio channels and networks, but also include retail stores, amusement parks and digital media products.

Behind these firms are about three or four dozen smaller media companies, which primarily engage in local, national or niche markets. In short, the overwhelming majority of the world's content production facilities and distribution channels lies in the hands of approximately fifty enterprises.

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Basics: Protected Works

Usually the subject matter of copyright is described as "literary and artistic works" - original creations in the fields of literature and arts. Such works may be expressed in words, symbols, pictures, music, three-dimensional objects, or combinations thereof. Practically all national copyright laws provide for the protection of the following types of works:

Literary works: novels, poems dramatic works and any other writings, whether published or unpublished; in most countries also computer programs and "oral works"

Musical works

Artistic works: whether two-dimensional or three-dimensional; irrespective of their content and destination

Maps and technical drawings

Photographic works: irrespective of the subject matter and the purpose for which made

Audiovisual works: irrespective of their purpose, genre, length, method employed or technical process used

Some copyright laws also provide for the protection of choreographic works, derivative works (translations, adaptions), collections (compilations) of works and mere data (data bases); collections where they, by reason of the selection and arrangement of the contents, constitute intellectual creations. Furthermore in some countries also "works of applied art" (furniture, wallpaper etc.) and computer programs (either as literary works or independently) constitute copyrightable matter.

Under certain national legislations the notion "copyright" has a wider meaning than "author's rights" and, in addition to literary and artistic works, also extends to the producers of sound recordings, the broadcasters of broadcasts and the creators of distinctive typographical arrangements of publications.


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Challenges for Copyright by ICT: Copyright Owners

The main concern of copyright owners as the (in terms of income generation) profiteers of intellectual property protection is the facilitation of pirate activities in digital environments.

Reproduction and Distribution

Unlike copies of works made using analog copiers (photocopy machines, video recorders etc.) digital information can be reproduced extremely fast, at low cost and without any loss in quality. Since each copy is a perfect copy, no quality-related limits inhibit pirates from making as many copies as they please, and recipients of these copies have no incentive to return to authorized sources to get another qualitatively equal product. Additionally the costs of making one extra copy of intellectual property online are insignificant, as are the distribution costs if the copy is moved to the end user over the Internet.

Control and Manipulation

In cross-border, global data networks it is almost impossible to control the exploitation of protected works. Particularly the use of anonymous remailers and other existing technologies complicates the persecution of pirates. Also digital files are especially vulnerable to manipulation, of the work itself, and of the (in some cases) therein-embedded copyright management information.

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The Flesh Machine

This is the tile of a book by the Critical Art Ensemble which puts the development of artifical life into a critical historical and political context, defining the power vectors which act as the driving force behind this development. The book is available in a print version (New York, Autonomedia 1998) and in an online version at http://www.critical-art.net/fles/book/index.html

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Chappe's fixed optical network

Claude Chappe built a fixed optical network between Paris and Lille. Covering a distance of about 240kms, it consisted of fifteen towers with semaphores.

Because this communication system was destined to practical military use, the transmitted messages were encoded. The messages were kept such secretly, even those who transmit them from tower to tower did not capture their meaning, they just transmitted codes they did not understand. Depending on weather conditions, messages could be sent at a speed of 2880 kms/hr at best.

Forerunners of Chappe's optical network are the Roman smoke signals network and Aeneas Tacitus' optical communication system.

For more information on early communication networks see Gerard J. Holzmann and Bjoern Pehrson, The Early History of Data Networks.

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Neighboring rights

Copyright laws generally provide for 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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