Friday, February 06, 2009
Last week I wrote a very short post about the interim Digital Britain report. But I've been reading more of TechnoLlama's analysis, and it's... not very positive. At all. I'm sure I gave the impression last week that the British government was being progressive with this, but then I read Andres Guadamuz's latest post. So that this blog post isn't too short, I'll quote a paragraph:
Continuing with the coverage of the interim Digital Britain report, something has been bothering me since I read it, so I went back and browsed through it again until I realised what it was. According to the UK's chief technology policy-makers, we still seem to be living in the 20th century. Why? Several reasons: the only mention to Web 2.0 is in the glossary; some of the technologies being pushed are proved failures with the public; it believes DRM offers a solution to piracy; it blatantly ignores the content delivery revolution that is about to take place; but most importantly, it ignores user-generated content by insisting on the outdated view of the top-down content provider.
Labels: ben, mea culpa, policy
Tuesday, February 03, 2009
I just found, picked up, and perused The True History of Copyright on housemate Bond's desk (see her original post here). Ben Atkinson has done a lot of research into the context in which our copyright laws have been made. I haven't read it all, but just looking at the contents I was interested by the last chapter: Chapter 15 - Policy Observations. These observations are of particular interest to me because it's something I will be addressing in my thesis. But I still thought they were of general enough interest (at least to readers of this blog!) that I'd share the headlines with you:
- The Berne Convention precipitated the creation of modern copyright law
- Early legislators tried to qualify the scope of copyright
- 20th century legislators paid little attention to the question of incentive or production
- Copyright does not confer an automatic right of remuneration
- Legislators did not try to "balance" the interests of owners and users
- Copyright legislation regulates taxation in gross of non-commercial (or non-competing) users to the detriment of public welfare
- The structure of the Australian Copyright Act reflects sectional interest
- Public interest considerations were raised consistently in policy and legislative debates
- The pursuit of authors' rights led to the creation of analogous producers' rights
- Copyright protection did not cause the economic success of the copyright industries
- APRA's revenue demands led to the creation of Article 11 bis(2) of the Berne Convention and the Australian Copyright Tribunal
- The record industry asserted the mechanical performing right opportunistically
- The role of individual agency is underestimated in analysis of copyright
- The commercial struggle for control over the broadcast of sport precipitated the Gregory Committee enquiry
- The origins of Australian copyright policy orthodoxy lie in the Spicer Report and the second reading in the Senate of the 1968 Copyright Bill
- The parallel importation provisions of the Australian Copyright Act were carried over from imperial legislation
- Australian legislative debate has seen two great statements of principle: the first over the posthumous term and the second over import controls
- The content of the modern copyright law of Australia is the entire creation of international conventions and British precedents
- Doubts over term persisted at the official level until the 1950s