Commercial vs. Independent Content: Power and Scope

Regarding the dimension of their financial and human resources commercial media companies are at any rate much more powerful players than their independent counterparts. Still those reply with an extreme multiplicity and diversity. Today thousands of newsgroups, mailing-list and e-zines covering a wide range of issues from the environment to politics, social and human rights, culture, art and democracy are run by alternative groups.

Moreover independent content provider have started to use digital media for communication, information and co-ordination long before they were discovered by corporate interest. They regularly use the Internet and other networks to further public discourse and put up civic resistance. And in many cases are very successful with their work, as initiatives like widerst@ndMUND's (AT) co-ordination of the critics of the participation of the Freedom Party in the Austrian government via mailing-lists, an online-magazine and discussion forums, show.

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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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WIPO

The World Intellectual Property Organization is one of the specialized agencies of the United Nations (UN), which was designed to promote the worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works). It was established by a convention signed in Stockholm in 1967 and came into force in 1970. The aims of WIPO are threefold. Through international cooperation, WIPO promotes the protection of intellectual property. Secondly, the organization supervises administrative cooperation between the Paris, Berne, and other intellectual unions regarding agreements on trademarks, patents, and the protection of artistic and literary work and thirdly through its registration activities the WIPO provides direct services to applicants for, or owners of, industrial property rights.

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Braille

Universally accepted system of writing used by and for blind persons and consisting of a code of 63 characters, each made up of one to six raised dots arranged in a six-position matrix or cell. These Braille characters are embossed in lines on paper and read by passing the fingers lightly over the manuscript. Louis Braille, who was blinded at the age of three, invented the system in 1824 while a student at the Institution Nationale des Jeunes Aveugles (National Institute for Blind Children), Paris.

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