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CS 101 Week 8 Lecture Notes

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Communication Studies
Jeremy Hunsinger

November 5 Lecture Media ownership and intellectual property - What does it mean to own something - Can you own something w/o stealing it? - How do laws regarding intellectual property encourage or discourage creativity - How do cultural texts come to be seen as property? How do people own things that are in our minds? - Balance between rights of creator and users - Intellectual property = printed word, plays, everything in cultural/scientific sphere, anything you can claim as creative or innovative - Whoever owns our media owns us?? - We live in a highly mediated world? Can we get away from it? - We produce and consume media at levels beyond previous generations…is this worrisome? Probably not - When we consume media, are we consuming someone else’s property? - Making copies of something is different than using something until it no longer exists. Ex. Eating a carrot makes it no longer exist, but watching “Friends” does not destroy it Foundations of intellectual property: - 1476: printing press introduced; get most of our laws from this – caused a great deal of issues…who controlled the dissemination of these printed materials? Publishers controlled dissemination of knowledge; however issues of sovereignty come up. Who owns knowledge of a nation - 1538 – Henry VIII clamped down on publishers, licensed them to some extent..people would read and censor books before they were published - Patent: legal instrument issues by a sovereign that enabled the people to do what was allowed in the patent. Ex. Patent for collecting taxes, patent for publishing…It was an open publication, print it, signed by monarch, and carried around and shown to people - Proliferated for a long time – hundreds of conflicting patents issued by kings or queens, starting around 1300’s - Royal Warrant for Guild of Printers (1556) – double edged sword – required you to perform responsibly; not only print things, but censor them. Don’t print things that don’t benefit the person that gave you the right to publish, or you lose that right - 1710: most combined into one law – Statute of Anne – created copyrights regulated by courts; relationship between person who produced the words, and the publisher. License between person who gave the right to copy – transformation from royalty as owners to author as owners - Copyright was a 14 year license - Required to put your copyrighted materials into universities, libraries, etc. - Statute of Anne repealed in 1842 by first copyright act - Statute of monopolies: got rid of mess of patents, 1624, attempted to clean up the plurality of monopolies in the world - Mercantilism: political economy prevalent after feudalism; gave rights to powerful merchants so they could represent your country abroad and bring profit to the country - Protecting rights of merchants to sell their goods abroad - Bringing back spices gave you protection by the queen for those spices - Statute of monopolies got rid of mercantilism – paved the road for the contemporary patent - You cannot patent something without publishing the idea - 1624: several requirements for something to be patentable: 1) 21 years and over 2) True Inventor 3) Must be novel 4) Must not be contrary to law 5) Must not be mischievous to state by increasing prices 6) Must not be mischievous to state by herding trade 7) Must not be generally inconvenient Patents: - 1641: first patent issued in north America - Not criminal matters when between people, but civil matters - Novel and non-obvious - Only exist within the state - Patent: Exclusive right of a sovereign state to an inventor or their assignment for a limited period of time - Right is to prevent others from making, using, or selling the product without permission - Right to say no, you can’t use this. - Patent is a sole license from the state to the user; has to be public and published, and has to be an exclusionary right - Hunsinger Has 3 penguins at home :p Trademark and Trade Dress: - Trade dress: things that surround your brand, such as wearing a certain type of clothing - Trademark: sign, expression, design that identifies a product within a field that is differentiable from others. Ex. Apple computers and apple music don’t have the same trademarks. However, when apple music entered the apple computers, there was a lawsuit that followed, which was an example of trademark dispute - We don’t want something like a stuffed animal to be used for things it wasn’t intended for. Ex. Bugs Bunny representing a type of car - Consumer protection, claiming exclusivity, preventing brand piracy and counterfeit goods - Exclusively identifying a brand or company - Trademarks started in 1383 – first trademark - Brass brewing 1875, first trademark in UK - Passing off: owning a physical object is not the same as owning the creation of the thing – passing off the ownership of the creator to yourself - An example of passing off: making a bug’s bunny stuffed animal at home, selling it for the same price as the authentic bugs bunny stuffed animal, and therefore lowering the value of the company that makes that stuffed animal. This is suable under “passing off” Trade secrets: - Strongest of intellectual properties - Don’t tell anyone – it’s a secret. Ex. Coca Cola’s recipe is a secret. Has to be either discovered on your own or stolen - Not known to the public - Ownership of a trade secret conveys an economic benefit - If something is easier to produce than you think, that knowledge
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