MM 450: Issues in New Media Theory Intellectual Property in the Digital Age Ed Lamoureux, Ph. D. Steve Baron, B.A., J.D. Mandell Menkes, LLC © Ed Lamoureux/Baron

A trademark example that illustrates the shifty ground Fresh Coat Fresh Coat, America's leading 'one- room-at-a-time' residential and commercial painting company is offering you this excellent business opportunity!Fresh Coat But what of the California Paint company? They have a product they ’ d like to call FreshCoat!California Paint

The graphic solution: FRES~COAT WITH FOUR GRAPHIC BOXES THAT HELP YOU SEE THE MISSING H IN FRESH

A copyright example Techspansion makes Isquint & VisualHub, software that converts video information to iPod formatIsquint & VisualHub Robert Moore, 321 studiosRobert Moore, –Shut downShut down

A patent example Apple is near a suit from Creative over iPod technologyApple is near a suit from Creative over iPod technology Apple pays Creative 100M settlement

The Principle Course Goals: Investigate the relationships among and between: –Concretized ideas/creativity/innovation –Property (ownership) –Law –The Commons The system is supposed to encourage creativity/ideas/innovation by using the legal protections of property to provide rewards that bring culturally enriching outcomes/products into citizens’ lives.

The Primary Assumptions: Nothing has changed Everything has changed

Nothing has Changed There are, always have been, always will be, creative artists. Artists often transfer their property rights and protections to others. US intellectual property law has been in place for over two hundred years, is still in force, and is evolving daily. America is tied to capital & property.

Everything has Changed Digital technologies have driven the means of production and distribution within reach of “every- person.” “The Law” has been (and continues to be) developed by the professional legal community, working for the professional production community. However, that same law must now “apply” to every-person, in mundane circumstances. –It’s difficult for “every-person” to understand/deal with (including difficulties in changing the laws). –Corporations employ lawyers; private citizens could do so, but probably can’t afford to. –The law was developed to mediate between corporations. Now it has to stretch to “me and thee,” and us to it. Digital technologies are recombinant by their nature, thereby challenging in-place notions of “creativity.”

Some Important Issues for 450 What are the laws? What is the status quo under which the ground shifts? –How does the law define or compartmentalize “intellectual property”? What’s an artist/producer to do? What’s a gate keeper to do? What’s an average citizen to do? What are the most interesting developments? –How does the law evolve and can it keep pace with with the evolution of technology? –Where are the current battlegrounds on the intellectual property front? –Where are the future battlegrounds on the intellectual property front? What’s best for society/the public? –Does the law promote or inhibit creative endeavors? How does the law protect those who create? Why should students of multi-media care about intellectual property law? How does the law punish those who misappropriate?

Some interesting cases/issues Eric Eldred, Eldred v. Ashcroft.Eric Eldred, –Lessig on “ how I lost the big one ” how I lost the big one Grokster losesloses Bit Torrent plays alongplays along Who are the real pirates?