INTELLECTUAL PROPERTY | IP IN OTHER AREAS OF LIFE | UNDERSTANDING

 

The music industry has faced many challenges and opportunities associated with IP.  Words like “piracy” and "stealing" have become synonymous with their financial woes. Media executives and some recording artists insist that piracy is destroying the creators of musical content. Some argue that the growth of the internet and the associated file-sharing boom have not merely savaged the music industry, but the greater economy as well. Many believe the government should take a more active role in policing IP infringement.  The U.S. has already done quite a bit of work on IP rights, not only in this country (via the Prioritizing Resources and Organization for Intellectual Property Act, which establishes an IP Enforcement Coordinator), but also internationally.  The International Federation of the Phonographic Industry (IFPIclaims that piracy cost the industry $4.3 billion in 2002 alone.  Congress is now calling for reforms in the global IP arena, according to the Recording Industry Association of America. Mitch Banwol, Chairman and CEO of the Congressional International Anti-Piracy Caucus stated, “In these challenging economic times, it is more important than ever that the U.S. government take meaningful steps to ensure that the creative community can effectively compete in global markets without facing unfair competition.  New technologies fuel global innovation and enhance opportunities for America’s creativity to reach new audiences, but a lack of effective measures by certain countries to protect intellectual property online severely impairs creativity and the ability of the legal marketplace to reach its full potential.”  To wit, a 2008 article on wired.com quotes a U.S. Chamber of Commerce report that 750,000 Americans are out of work because of intellectual property piracy, though some critics have questioned the validity of the report.

In order to curb both intentional and unintentional piracy and IP infringements, potential consumers must be made aware of the subtleties of IP through education.  Most people understand the concept of stealing; however, many do not realize that information on the web, while not tangible, is still subject to theft protections.  Microsoft released the results of a survey which indicated that teens were less likely to download illegally if made aware of the laws surrounding IP.  Key findings from Teens Less Likely to Download When They Know the Laws, Microsoft Survey Finds include the following:

  • Teens rely on parents for rules on downloading.
  • A lack of familiarity with the rules and guidelines for downloading from the Internet contributes to teen opinions that punishment is unwarranted.
  • In general, teenagers regard illegal downloading over the Internet as less offensive than other forms of stealing.
  • Teens are challenged by peer pressure and their wallets.

To begin to address these conditions, and teach young people about IP, Microsoft has launched mybytes.com.  The goal of the site is to educate and discourage children from illegally downloading and using copyrighted images, music, and movies.  Microsoft has also created a teacher’s guide to intellectual proeperty for classroom instruction. The program, entitled Digital Citizenship and Creative Content, strives to create digital citizens who are aware and respectful of IP rights. There are many other advocates for IP. One such group is Honour Intellectual Property of Singapore (HIP).  The group promotes the notion that “it’s not file sharing, it’s stealing.”


Strict enforcement of IP rights has its detractors, however. These IP opponents argue that the legal restrictions placed on copyrights and trademarks should be reduced, not strengthened.  One such opponent is Larry Lessig.  Lessig, a copyright attorney, founder of Stanford’s Center for Internet and Society, and board member of the Creative Commons Project, has focused on the role government should play in the exchange of information and ideas in this digital age.  He asserts that social media has forever changed our society, and that copyright laws must keep pace or ultimately stifle global creativity.  Some music artists see the logic in a free flow of access to creative material. In fact, some artists consider the copying and sharing of their music to be effective promotion; many actually encourage fans to burn and share their music.

© Copyright 2009 Group Two | EPS 415 XM | University of Illinois