Economic analysis of copyright and its alternatives in the digital age.

1. Laura Bertellotti BEYOND COPYRIGHT ECONOMIC ANALYSIS OF COPYRIGHT AND ITS ALTERNATIVES IN THE DIGITAL AGE

3. AN ITALIAN PROBLEM: THE HOMOLAICUS.COM’S CASE www.homolaicus.com NO COMMERCIAL FREE CULTURE 4.740 euro s for infringement of moral and capital rights

4. AUTHOR’S LAW WORKS Artistic l iterary dramatic scientific educational music sculpture film photographic The copyright law protects the expressive form of intellectual work that are the result of creativity It a utomatically attaches to authors a set of rights at the creation moment

5. EUROPEAN RIGHTS OF AUTHOR Moral Rights Capital Rights are transferable Duration: 70 years after the death of author Fatherhood Integrity Inedit Playing Execution Representation Dissemination Distribution Serving + Fair Use European author’s rights are not USA Copyright FAIR USE Ability to use, comment, quote portions of works protected by copyright fo r educational or research purposes .

6. THE EUROPEAN LEGAL PROTECTION NATIONAL  Different for each country - C onvention of Berna 1886 - TRIPs agreements (WTO) 1995 INTERNATIONAL  - Tr eaties: WIPO 1996 - Copyright Act 1976 (USA) - Digital Millenium Copyright Act 1998 (USA) COMMUNITY  - Directive 2001/29/CE 22 may 2001EUCD An articulated and continuously evolving system More than territoriality Harmonization

13. MAJORS Wants : - more MONOPOLY of content to maximize profit - I ncreasing the duration of copyright Throught locking content USERS Follow an i deal of PUBLIC DOMAIN KNOWLEDGE is F OR ALL Elimination of barriers imposed on FREE UTILIZATION OF CONTENT VS THE TWO SIDES

14. DRM Impedes access to protected works through anti-access and anti-copy technical measures It allows identification of users and the construction of their profile It legitimates exclusion from contents of certain individuals at the system discretion . The DRM is considerated by the user as an invasive instrument that affects the freedom of users and violates rights such as privacy and freedom of expression of thought . Need to create a balance  a NEW MODEL DIGITAL RIGHTS MANAGEMENT

15. TOWARDS A NEW MODEL COPYRIGHT PUBLIC DOMAIN COPYLEFT COPYLEFT All rights reversed Originated from an idea by R. Stallmann For the world of Software Based on Copyright: it implements and renews it. Model of alternative management of copyright based on a licensing system in which the author tells users that the work can be used, widespread and amended freely, while respecting certain conditions So Copyleft licenses become a permit of author The aim is to create a Free Culture in which no longer protected content can circulate freely.

16. Creative Commons - Some rights reserved  Promotes creative interaction  E ducat es the public to free and open culture  Creat es real containers of knowledge available to the community  Encourages development of new ideas CREATIVE COMMONS: A FLEXIBLE COPYRIGHT N on-profit project Defines a set of licenses that allow the author to grant some of its rights Brings licenses to the laws of various countries Provides the tools for choosing the most appropriate licence

17. CC LICENSES ATTRIBUTION (by) : Obligation to acknowledge paternity NO DERIVS (nd): Prohibiting the alteration and creation of derivative works NO COMMERCIAL (nc): Prohibiting the use for commercial purposes SHARE ALIKE (sa): literally "share in the same way", allows the work to be reworked and reused only on condition that all works arising therefrom are distributed with the same license All licenses: a) Mant ein copyright b) Valid worldwide; c) L ast s as copyright related to the work; d) No revocable. e) Do not restrict the legal use, the exhaustion of law and freedom 'of expression of others CC Benefits : 1) O ffer s a third choice between C and PD 2) A Free License 3) Elimitates the intermediaries 4) A pplicable to all types of works protected by copyright 5) Flexible system , it leaves authors free to decide how to protect their rights 6) Allows users to know exactly what they can and what they can’t do 7) Creat es open distributed and shar ed projects

18. Common Deed Written t o be understandable to everyone. Condenses in a nutshell the sense of the license Legal Code understandable to judges and l awyers Represents the genuine legally valid license Digital Code Understandable to browsers and computers System of metadata that facilitates the dissemination and recognition of the work in digital format THE FORMAT OF CC LICENSES 3 LEVELS to facilitate users

19. AN ITALIAN CASE: THE WU MING PROJECT Free movement of knowledge Sharing Interaction Anyone can c opy, reproduce, modify, improve, download without the infrigment of rights, provided that the use is non-commercial. Downloaded work = copy not sold Download works foster sale : Create interest Rumors Showcase 242.000 copie s FREE download online + paper copies in library Distribution of works through CC

20. ECONOMICS OF COPYLEFT Copyleft creats COMMONS , overcoming 1) privatization of goods and 2) access with private negotiations > Social Benefits < transaction costs (tending to 0) Access : > Flexibility of licenses > Access Incentives : Internet offers a world visibility > Incentives Non-economic Fame, Success, Competition etc... > Supply of works  thaks to possibility of riutilization of contents + DERIVATIVE WORKS

21. CONCLUSIONS Decrease the duration of copyright Adoption of Fair Use Limitation of DRM systems List of online subscribers to SIAE (ITALY) File sharing not necessarily illegal The rapid evolution of digital technology has profoundly c hanged the relationship between the Society of Information and Culture. Need of a R adical R eview of existing legislation, which harmonise the interests of authors and users. Starting from the premise that a f air compensation to authors is necessary and beneficial, it would be useful to make the following changes:

22. H:GIF_a “ He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.” Thomas Jefferson