The new "Protectionism": Can copyright Technological Protection Measures deliver a fair result for the new digital consumer and producer?

James Love, Consumer Project on Technology, international digital consumer rights advocate

Kimberlee Weatherall, IPRIA, Melbourne University

Monday 13 November 2006

12:45 to 2:00 pm, including time for questions

Room G02, Ground floor, (first on your right as your walk in main entrance)
New Faculty of Law building, near Roundhouse
UNSW lower campus, Kensington, Sydney
Map: http://www.unsw.edu.au/maps/kensington.pdf

Abstract:

The Australia-US Free Trade Agreement triggered current proposed changes to copyright law in respect of user-entitlement 'exceptions' and 'Technological Protection Measures' (TPMs) There is some enthusiasm among large movie, music and IT interests to implement the next generation of TPMs in some cases regardless of how well they support user expectations and legal entitlements to access, use, re-use, and in certain cases share works protected under copyright. The best of these TPMs may go some way towards permitting reasonable enjoyment of the digital works, and their partial re-use in other works, but is this enough?

The elevation of TPM-controlled material to a higher level of protection than that available under copyright law, and the use of stringent TPMs to segment markets, can act to reduce competition and restrict users from doing that which normal copyright law permits. Is this a challenge to the traditional balance in copyright? Or a fair response to the threat of piracy?

• Can or will the current and longstanding practises of artists, writers, musicians, students, video content producers, teachers and others to quote from, re-use, parody, 'snip', borrow and re-mix from earlier works be reflected properly in those TPM systems and laws?
  
• Can or will consumers' (and producers') entitlements to the benefit of laws about "Fair Dealing" or "Fair Use" in Australia, the US or elsewhere be reflected properly in both TPM systems (such as the new DVD copy protection scheme) and laws surrounding copyright and TPMs?
  
• Should the buyers of new computers, TVs, players and other A/V or data consumer equipment expect that the new digital standards will adequately protect their interests; or will they be worse off than they are now with existing analog and hybrid signal connections and related legal provisions?
  
• How can the complex legal and technical issues best be brought to the attention of those whose interests will be affected?

Internationally reknowned consumer advocate James Love on an Australian visit with CHOICE will address some of these issues.

James Love is the Director of the Consumer Project on Technology (www.cptech.org/about.html), an international consumer advocacy organisation with offices in Washington, London and Geneva. It focuses on 'issues concerning the production of and access to knowledge, including medical inventions, information and cultural goods, and other knowledge goods. Much of this work concerns intellectual property policy and practices, but some of it concerns different approaches to the production of knowledge goods, including for example new business models that support creative individuals and communities, and new incentive systems for investments in medical and agricutural inventions, such as those involving prizes and/or competitive Intermediaries.' They also do some work on electronic commerce and competition policy.

James Love advises a number of bodies including UN agencies, national governments, intergovernmental organizations and public health NGOs. He is chairperson of such companies as Essential Inventions and Union for the Public Domain and has previously been a Lecturer at Rutgers University and a researcher on international finance at Princeton University.

Mr. Love writes blogs and articles linked on his website which deal with issues ranging from health and politics to internet governance. He is currently involved in projects such as Compulspory licences for copyright, Open Document Format, Internet Governance Forum, Medical Innovation Prize Fund, and the proposed World Intellectual Property Organisation (WIPO) Broadcasting Treaty (with potential to cover some web served material).

Entry is free, no need to book. If you are coming from off campus please RSVP to feedback [at] cyberlawcentre.org.