Basics: Infringement and Fair Use

The rights of a copyright holder are infringed when one of the acts requiring the authorization of the owner is done by someone else without his consent. In the case of copyright infringement or the violation of neighboring rights the remedies for the copyright owner consist of civil redress. The unauthorized copying of protected works for commercial purposes and the unauthorized commercial dealing in copied material is usually referred to as "piracy".

Yet copyright laws also provide that the rights of copyright owners are subject to the doctrine of "fair use". That allows the reproduction and use of a work, notwithstanding the rights of the author, for limited purposes such as criticism, comment, news reporting, teaching, and research. Fair use may be described as the privilege to use the copyrighted material in a reasonable manner without the owner's consent. To determine whether a use is fair or not most copyright laws consider:

- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (usually certain types of educational copying are allowed)

- the nature of the copyrighted work (mostly originals made for commercial reasons are less protected than their purely artistic counterparts)

- the amount and substantiality of the portion used in relation to the copyrighted work as a whole

- the effect of the use upon the potential market for or value of the copyrighted work (as a general rule copying may be permitted if it is unlikely to cause economic harm to the original author)

Examples of activities that may be excused as fair use include: providing a quotation in a book review; distributing copies of a section of an article in class for educational purposes; and imitating a work for the purpose of parody or social commentary.

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Public Relations and the Advertising Industry

The public relations industry, the same as advertising, is concentrated in the hands of few dominant firms. Still, the striking element about corporate public relations is that PR firms are tightly related to advertising companies. Nine out of the ten biggest international PR agencies have close ties with the advertising industry. Also, looking at the largest acquisitions involving U.S. PR firms from 1997 to 1999 it is apparent that money coming from advertising agencies has played an important role.


Table: Top 10 PR Firms 1998


Rank 1998

PR Firm

Advertising Agency Related

1998 Net Fees (in U.S. $)

1997 - 1998 % Change

1

Burson-Marsteller

yes

258,417,000

4.2

2

Hill and Knowlton

yes

206,000,000

8.9

3

Porter Novelli Int.

yes

183,050,000

23.6

4

Shandwick

yes

170,300,000

7.3

5

Fleishman-Hillard

yes

160,692,000

19.1.

6

Edelman PR Worldwide

no

157,840,530

18.1

7

Ketchum

yes

125,248,000

29.6

8

BSMG Worldwide

yes

118,963,000

93.0

9

Weber PR Worldwide

yes

83,166,000

36.2

10

GCI/APCO

yes

79,667,957

28.4




With many PR agencies sold to advertising companies, the advertising industry's influence further increases; enabling them to offer their clients not only advertising services, but also know-how in marketing, public opinion, crisis and issues management and political lobbying.

Table: Acquisition of PR Agencies (1997 - 1999)

Acquired Company

Buyer

Buyers Industry

Estimated Purchase Price (in millions of U.S. $)

International PR

Interpublic Group of Cos.

Advertising

230

Fleishman-Hillard

Omicom Group

Advertising

85

Ketchum

Omnicom Group

Advertising

60

Dewe Rogerson

Incepta

Advertising

40

Financial Rel. Bd.

BSMG/TN

Public Relations

33

Weber PR

Interpublic Group of Cos.

Advertising

15

Alexander

WPP Group

Advertising

15

Charles Barker

BSMG/TN

Public Relations

15



Source: Odwyerpr.com.

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Anonymity

"Freedom of anonymous speech is an essential component of free speech."

Ian Goldberg/David Wagner, TAZ Servers and the Rewebber Network: Enabling Anonymous Publishing on the World Wide Web, in: First Monday 3,4, 1999

Someone wants to hide one's identity, to remain anonymous, if s/he fears to be holding accountable for something, say, a publication, that is considered to be prohibited. Anonymous publishing has a long tradition in European history. Writers of erotic literature or pamphlets, e. g., preferred to use pseudonyms or publish anonymously. During the Enlightenment books as d'Alembert's and Diderot's famous Encyclopaedia were printed and distributed secretly. Today Book Locker, a company selling electronic books, renews this tradition by allowing to post writings anonymously, to publish without the threat of being perishing for it. Sometimes anonymity is a precondition for reporting human rights abuses. For example, investigative journalists and regime critics may rely on anonymity. But we do not have to look that far; even you might need or use anonymity sometimes, say, when you are a woman wanting to avoid sexual harassment in chat rooms.

The original design of the Net, as far as it is preserved, offers a relatively high degree of privacy, because due to the client-server model all what is known about you is a report of the machine from which information was, respectively is requested. But this design of the Net interferes with the wish of corporations to know you, even to know more about you than you want them to know. What is euphemistically called customer relationship management systems means the collection, compilation and analysis of personal information about you by others.

In 1997 America Online member Timothy McVeigh, a Navy employee, made his homosexuality publicly known in a short autobiographical sketch. Another Navy employee reading this sketch informed the Navy. America Online revealed McVeigh's identity to the Navy, who discharged McVeigh. As the consequence of a court ruling on that case, Timothy McVeigh was allowed to return to the Navy. Sometimes anonymity really matters.

On the Net you still have several possibilities to remain anonymous. You may visit web sites via an anonymizing service. You might use a Web mail account (given the personal information given to the web mail service provider is not true) or you might use an anonymous remailing service which strips off the headers of your mail to make it impossible to identify the sender and forward your message. Used in combination with encryption tools and technologies like FreeHaven or Publius anonymous messaging services provide a powerful tool for countering censorship.

In Germany, in 1515, printers had to swear not to print or distribute any publication bypassing the councilmen. Today repressive regimes, such as China and Burma, and democratic governments, such as the France and Great Britain, alike impose or already have imposed laws against anonymous publishing on the Net.

Anonymity might be used for abuses, that is true, but "the burden of proof rests with those who would seek to limit it. (Rob Kling, Ya-ching Lee, Al Teich, Mark S. Frankel, Assessing Anonymous Communication on the Internet: Policy Deliberations, in: The Information Society, 1999).

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Enigma Machine

The Enigma Encryption Machine was famous for its insecurities as for the security that it gave to German ciphers. It was broken, first by the Poles in the 1930s, then by the British in World War II.

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Backbone Networks

Backbone networks are central networks usually of very high bandwidth, that is, of very high transmitting capacity, connecting regional networks. The first backbone network was the NSFNet run by the National Science Federation of the United States.

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Intelsat

Intelsat, the world's biggest communication satellite services provider, is still mainly owned by governments, but will be privatised during 2001, like Eutelsat. A measure already discussed 1996 at an OECD competition policy roundtable in 1996. Signatory of the Intelsat treaty for the United States of America is Comsat, a private company listed on the New York Stock Exchange. Additionally Comsat is one of the United Kingdom's signatories. Aggregated, Comsat owns about 20,5% of Intelsat already and is Intelsat's biggest shareholder. In September 1998 Comsat agreed to merge with Lockheed Martin. After the merger, Lockheed Martin will hold at least 49% of Comsat share capital.

http://www.intelsat.int/index.htm

http://www.eutelsat.org/
http://www.oecd.org//daf/clp/roundtables/SATS...
http://www.comsat.com/
http://www.nyse.com/
http://www.comsat.com/
http://www.comsat.com/
http://www.comsat.com/
http://www.comsat.com/
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