http://www.yorkblog.

com/explorer/2009/0
 The Oxford
Dictionary
definition of public
domain is the state
of belonging or
being
available to the
public as a whole,
especially
through not being
subject to http://baldgeek.wordpress.com/2007/07/12/copyright-
and-the-public-domain-some-resources/

copyright or other
http://www.smh.com.au/national/league-cougar-to-sue-for-libel-20
 http://www.iec-

‘Property on the outside,

okc.com/TabID/80/NEW_nID/142/Default.aspx

commons on the inside’

to describe ‘a regime that
holds some resource as a
commons among a group of
insiders, but as an exclusive
right against outsiders.’

: www.iec-okc.com/TabID/80/NEW_nID/128/Default.aspx
 http://blogs.delawareonline.com/

• NOT
EVERYTHING
SHOULD BE IN
THE PUBLIC
DOMAIN
• DRUG COMPANIES
SHOULD STILL BE
ABLE TO PATENT
MEDICINE

http://articles.mercola.com/sites/articles/archive/2004/08
/04/
http://www.myne.com/common/images/vectors/index.ht
 Intellectual Property
• ‘Refers to creations of
the mind: inventions,
literary and artistic
works, and symbols,
names, images and
designs used in
commerce.’ (W.I.P.O,
2009)
• Two categories: http://mineco.fgov.be/images/themes_b
leu/titel_intellectual_property_en.jpg
1. Industrial property
2. Copyright.
 • Several debates
both in favour of
and against I.P.
• The phrase itself
http://www.adamsaustinlegal.com/images/IP/Br
raises problems.
ainIdeaSmall2.jpg
• Mistaken idea that
it is just like
regular property.
 Arguments for Intellectual
Property Laws

• Reward creators
financially for their
work.
• Without such incentives,
few, if not none, will
engage in creative
activities. http://www.contrib.andrew.cmu.edu/
~clebowit/images/copyright.jpg
http://bielapi.com/yahoo_site_admin/assets/

Issue of
images/piracy_2Dkills_2Dmusic_2D.10119
4729.gif

Piracy

• Technological
developments have
made it cheaper
and easier to make
copies of
information.
• Printing, http://activereload.net/assets/2007
/5/23/anti-piracy-measure.jpg
photocopying,
computers,
 Arguments against
Intellectual Property Laws
• Privatisation of
government
information.
• Suppression of
patents.
• Ownership of
genetic
information.
• Information not
owned by the true
creator. http://deoxy.org/gif/aip.jpg
• Not all the value of I.P products is due to
labour.
• Intellectual products are social products.
• Any piece of intellectual work is always the
results of interpretations and adaptations
of previous works by other people.

http://static.seekingalpha.com/wp-content/seekingalpha/images/invention.jpg
 ‘Intellectual Property Run Amok’
http://www.motherjones.com/politics/2006/03/
/intellectual-property-run-amok

• Among the 16,000 people thus far sued for

sharing music files was a 65 year old woman who,
though she didn’t own downloading software, was
accused of sharing 2,000 songs, including Trick
Daddy’s ‘I’m a thug’. She was sued for up to
$150,000 per song.
• To prevent piracy of Harry Potter and the Goblet
of Fire, a Montreal cineplex monitored audiences
with metal detectors and night-vision goggles and
checked popcorn for video cameras.
• The World Wrestling Federation changed its name
to World Wrestling Entertainment after the World
Wildlife Fund sued over the rights to ‘WWF’.
 Music Online:
• Ease of reproducing digital
material online
• Music industry profits are
decreasing
• CD sales fallen dramatically
• Taylor Swift’s “Fearless”
spent eight weeks at number
One and in store for 11 weeks
and sold 2.4 million copies
•  in comparison the top
albums in 2000 N’Sync’s “No
Strings Attached” and the
Beatles “1” were also in store
11 weeks and sold 6 million http://www.maximumpc.com/files/u46173
/music.jpg
copies. Marshall Mathers L.P
sold 5.6 million copies.
• Number one album sales has
decreased 45% since 2000
http://dailyinternetdigest.com/wp-
content/uploads/2007/11/music-piracy.jpg

History of the
MP3:
• International Organisation for Standardisation – met in
1988 to establish standards for compression of digital
and audio files
• Worked on a compression or decompression program
that was already under development by a research
team Institute for Integrated Circuits.
• They developed the MPEG-1 from this codec, this was
used to make digital audio files small enough to be
circulated on communications devices at the time.
• Then developed the “Layer 3” which made audio files
12 times smaller
• They created a free sample program to help industry
to learn how to use the codec
• The source code was held on an unsecure computer
and downloaded by a hacker
• The hacker and collegues developed the code into
software that could convert tracks from CD’s to MP3
files
 Control of the Industry:
• In the 1990’s the International
Federation of the Phonographic Industry
(IFIP) and the Recording Industry
Association of America prosecuted
filesharers.
• 2000 Napster was sued by A&M records
found in breach of copyright violations
(Fairchild, 2008)
• Some countries are prosecuting
individual downloaders and using it as
an example or warning to other illegal
downloaders
• Legal download sites established. Last
year, legal music downloads up 35%
(Failla, 2009)
• Educate audiences on the right way to
consume music (Fairchild, 2008)
• In store computers to create
compilation CD’s (Sanity, 2009)
• Subscription services, users can http://images.salon.com/tech/feature/200
subscribe for $29/month and download 2/07/30/file_trading/story.jpg
upto 300 music files/month (Miletic,
2008)
• In the US the music industry has an
agreement with internet service
providers where warnings are sent out
 Failed Efforts:
• Australia one of the biggest users of illegal
download sites
• April 2007- April 2008 785 000 Australians
visited illegal download sites
• April 2008 – April 2009 1 049 000 Australians
visited illegal download sites
• Physical CD sales down 12%, 15% worldwide
• 95% of music downloads are illegal worldwide -
International Federation of the Phonographic
Industry
• Cannot compete with FREE

http://www.topnews.in/files/piracy-music.jpg
 The Future:

• It is difficult to see the music industry’s

future profits in CD’s Annoymous, 2009)
• Need online channels of distribution
• Offer burn on demand models (Feinberg,
2009)
• CD’s should become a promotional tool,
offer teasers and given out as concerts
(Annoymous, 2009)
• Exra marketing and brand development
to limit the impact of saturation in the
industry, more avenues for
entertainment and combat the low
quality music (Feinberg, 2009)
• Any ideas or comments about how
the music industry can create a
more controlled industry again?
 References:
• Annoymous, 2009, Music Lables Must get over their CD Fixation, accessed 13/9/2009,
http://www.guardian.co.uk/media/pda/2008/dec/22/digitalmusic-digitalmedia
• Boyle, J. (2008), The public domain: enclosing the commons of the mind, Yale University Press,
available at http://www.thepublicdomain.org/download/, accessed 12/09/2009.
• Bruno, A. 2009, “Music Industry eases tactics in fighting piracy,” Reuters, 5 January, accessed 13
September, http://www.smarthouse.com.au/Home_Office/Software/D5B4L5J4
• Economist, 2009, “Spotify v illegal downloads: Free but legal,” The Economist, July 30, accessed
13/9/2009, http://www.economist.com/businessfinance/displaystory.cfm?story_id=14140633
• Failla, K. 2009, Illegal Downloads Soar as Hard Times Bite, accessed 12/9/2009,
http://blog.opsecsecurity.com/news-illegal-downloads-soar-as-hard-times-bite/
• Fairchild, C. 2008, Pop Idols and Pirates, Ashgate Publishing, England
• Feinberg, J. 2009, “What will record labels look like in the future?” Mediashift, 18 August, 13
September,
http://www.pbs.org/mediashift/2009/08/what-will-record-labels-look-like-in-the-future230.html.
• Hettinger, E. (1997), ‘Justifying Intellectual Property’, in Intellectual Property: Moral, Legal and
Intellectual Dilemmas, Rowan and Littlefield, Maryland, pp 17-38.
• Miletic, B. 2008, “Sanity Online and Kiosk Based Music Store Launched Today,” Smarthouse, 14
October, accessed 12/9/2009, http://www.smarthouse.com.au/Home_Office/Software/D5B4L5J4
• Mother Jones, (2006), Intellectual property run amok,
http://www.motherjones.com/politics/2006/03/intellectual-property-run-amok, accessed 10/09/2009.
• Sisario, B. 2009, “Chart Milestone, if not Hige CD sales,” New York Times, 30 January, accessed
11/9/2009
• Thorn, J. (2007), Against Intellectual Property, http://deoxy.org/aip/htm, accessed 10/09/2009.
• Yung, B. (2008), ‘Reflecting on the common discourse on piracy and intellectual property rights: a
divergent perspective’, Journal of Business Ethics, Vol. 87, pp 45-57.
• World Intellectual Property Organisation, (2009), ‘What is intellectual property?’,
www.wipo.int/about-ip/en/, accessed 09/09/2009.