Enforcing IPRs is proving to be a very difficult task. The global organization responsible for enforcement is the WTO. Through reprimands, the courts, and ultimately the threat of trade sanctions, the WTO attempts to protect intellectual property worldwide.
Creative Commons is working to establish organizations internationally to promote the legal use of copyrighted materials. The conflict and tension surrounding Creative Commons is largely economic. Professional artists make their livings based on the revenue generated by their work. Amateur artists are manipulating and reproducing that work often without permission. Organizations like CISAC, BMI and ASCAP function as watch dogs and work to advocate for the rights of the artist to his or her own intellectual property. These organizations are also operating on an international scale. Since the internet provides an international audience for artists, watch dog organizations that help protect copyright and performance rights must work together for effective enforcement.
International organizations are forming and bringing together existing national organizations for the enforcement of existing copyright laws. International organizations like CISAC work to strengthen copyright laws internationally. CISAC is an umbrella organization which works to improve the enforcement of copyright laws in light of the changing environment for intellectual property. As described in their website:
CISAC’s main activities and member services aim to:
- To strengthen and develop the international network of copyright societies
- To secure a position for creators and their collective management organisations in the international scene
- To adopt and implement quality and technical efficiency criteria to increase copyright societies’ interoperability
- To support societies’ strategic development in each region and in each repertoire
- To retain a central database allowing societies to exchange information efficiently
- To participate in improving national and international copyright laws and practices
The activities and member services of CISAC work to protect the rights of the creator in an increasingly international environment. While striving to protect the rights of the artist, a monopoly has developed around copyright. Copyright is the primary way that intellectual property is protected in the arts. As Lessig points out in the video of his talk for TED.com, the tension develops out of economics. Copyright has a legal monopoly on the intellectual property around the world. Organizations like ASCAP, BMI and CISAC strive to protect the livelihood of professional artists and individuals who are economically dependent on their creative products. As Marcel Boyer quotes Law and Economics (Cooter and Ulen, 1998) in his essay The Economics of Copyright and Fair Dealing, “… the dilemma is that without a legal monopoly not enough information will be produced but with a legal monopoly too little information will be used.”
