Intellectual Property & Copyright. -week #2

Posted: October 28, 2014 in Networking Music.

Intellectual property and copyright. 


Property is rights to own, use & prevent others from using it. Where as intellectual property is a bundle of rights that protect the application of ideas and information that have commercial value. It gives the creator exclusive rights over there creation to prevent others from using it. 


Knowledge is non rivalrous because no matter how many people use the knowledge it will always exist as a source or inspiration. physical property is considered rivolrous as one persons use prevents the other. Knowledge is considered public goods as it beneficial and can be use by everyone. Intellectual property is a time limited exclusive right to an idea,. Intellectual property has three main functions, the first is to incentivise knowledge and wealth creation. 2. to accumulate knowledge in a culture so it can develop something to protect.  If information is free to everyone then anything is possible, IP creates a protection plan and in turn generate wealth. 3. to protect a distinctive identity, create a brand image and capitalise on it. The cost of creating new knowledge is much more than the cost to replicate the knowledge so IP becomes the saviour and grace in terms of protecting the idea for the creator, and in turn generating revenue. IP is way to incentivise new ideas and material, It is available to everyone and protects them too.

Copyright comes to the creator and into existence the moment that a product is created. 1710 is when copyright was created.

Two different types of rights,

Natural rights and positive rights

Natural rights apply when the the creator has created something and is credited for the ideas and skill and labour.

Positive rights apply when something is created under statute.. i.e. under a lawful contract.

The public needs to know about the knowledge for it to have a positive right. but can raise the question of the original creator take Facebook for instance. In the romantic era artists were thought to be for the public good and considered enlightened slightly however the idea of art provided

The marketisation of art created this anonymous market, where the artists supplying common knowledge for the greater good was supported heavily by patronage, Now it was accessible to a larger group i.e. ‘more common’ people it helped the decline of the romanticism.

Copyright in the uk was created to limit the monopolies of publishers. In time it stopped becoming a public service and more about publisher gain the money.  Copyright now only exists for generating money. Copyright has developed over time slowly and in small amounts so that capitalisation is always possible in a changing world. Copy right restricts people from using the idea but you can now license it to people now.

A musician or artist can apply copyright to there own expression of the creation, however must have been inspired by somewhere so may not be entirely original, it still has copyright protection over its indifference..

Copyright exists only when a digital recording or clerical copy is created, it deosnt need to be published just initially recorded for copyright to take affect.

Copyright is infringed when a piece of work is copied however this is defined by quality not quantity. ‘Fair use’ is a term used when a copy of an idea is created but it benefits the greater public..

A recorded song, has two different applications of copyright. the composition and the lyrics belong to the author and the recordings and the broadcast of it belong to the recording label. Copyright exists for 70years now since the recording which always re-directs the revenue back to the labels. One group of people believe cultural knowledge is profitable so therefore restrict it through copyright where as some people believe the value comes from giving it to the people and it time will catalyse new creations and products.


Spotify and itunes restrict there access which creates revenue/ profit,

Creative commons allow artists to create work and release it for free but still gain a value. 

The digital economy act allows the government to change the law at anytime because of how fast things are changing due to technology. It can block or prosecute you for internet piracy or illegal downloads. Lately, net neutrality is becoming more of a developed idea that the government are trying to implement..

they tried to creates a single blanket licence fee but it failed, it was too hard to enforce.

Industry Lobbying,

Exists when the RIAA & the BPI have shaped Ip laws and legislation. Because of disruptive technology that is developing at such a rate, it will eventually overpass the constant changing laws, they will have to think more long term in business model ideas instead of changing laws all the time. Lewis Hyde believes that we often refer to talents or arts as ‘gift’ so the product in turn should be considered a gift. ”Using my gift i have created this, it shouldn’t be a product. A commodity as a gift loses its value the more it is being used, but a piece of art as a gift inherits more values as it is being share and enjoyed by others. ”An offering”

Freemium has become the new business model, a combination of access to free information online. It doesn’t just apply to digital methods for instance a supermarket cheese board giving free samples as marketing technique. The model focuses on the one to one interaction or relationship with the customer. Its now much more cost effective to create restricted subscriptions in the hope of committed purchase than it is on the older model.

the music business modle operates in two ways now.

Streaming – free music available to listen and watch,

Example, physical business model which exludes adverts ext.. Sky.,


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