Olympic-sized Intellectual Property Crackdown

This is not a humorous parody from The Onion. What follows is an excerpt from a serious news interview hosted by Amy Goodman of Democracy Now:

AMY GOODMAN: The Olympic Games are estimated to cost British taxpayers a staggering $17 billion. At the same time, Brits near the Olympic Park have been subjected to sweeping censorship laws enacted by their government at the behest of the International Olympic Committee. The laws limit the use of Olympic language and imagery to—strictly to official sponsors, such as Visa, McDonald’s, GE. . . . AMY GOODMAN: And a mock awards ceremony at the Olympic clock in Trafalgar Square descended into farce after police arrested six people taking part. Three people pretending to be corporate representatives from BP, Dow and Rio Tinto were awarded gold medals for being the worst corporate sponsors of the Olympics, before having small quantities of green custard poured over their heads. The good-natured performance took about 15 minutes. It was clearly amusing to a number of passersby, until 25 police officers arrived and arrested six people, including the three corporate representatives and people who were mopping up the small amounts of custard on the ground. Well, for more, we go to London, where we’re joined by Jules Boykoff, associate professor of political science at Pacific University, currently a visiting scholar at the University of Brighton. He was born in England since—he’s been in England since April following the build-up to the Olympics. He’s writing a book on dissent and the Olympics and played for the U.S. Olympic soccer team in international competition from 1989 to 1991. His recent piece in the New York Times is called "Olympian Arrogance." Jules Boykoff, welcome to Democracy Now! Well, tell us what you’re seeing there and why you titled your piece "Olympian Arrogance." JULES BOYKOFF: Well, what we’re seeing here are a lot of what you’ve outlined in terms of the intense militarization of the public sphere. And it really does go back to the International Olympic Committee, or the IOC. And that’s what we are getting at with "Olympian Arrogance." If you want to understand the crass commercialism of the Games, if you want to understand the intense militarization of the Games, it makes sense to start with the IOC. And the IOC has always been a privileged sliver of the global 1 percent. Going back to the 1890s, when it was started by Frenchman Pierre de Coubertin, he basically assembled a hodgepodge of counts and dukes and princes together to run the show. In the subsequent, basically it’s remained this basically old boys’ club. In fact, they started allowing wealthy business elites into the club. And only in 1981 did they start to allow women to be members of the IOC. And it’s not just the composition of the IOC that some might find a little bit problematic; it’s the dictates that they impose on host cities. So, for example, right before they make the final selection for who’s going to host the next Olympics, all the candidate city finalists have to sign a document that promises that they will follow all 33 of the IOC’s technical manuals down to a letter. A lot of that has to do with brand protection, which I’ll get to in a second. But it also has to do with creating new laws in the country and the host city that conform to the principles of the IOC. So, here in London, what they did was they passed the 2006 Olympic and Paralympic Act, which did all sorts of things. You mentioned it’s illegal to use the words "2012" and, say, "medals" for commercial purposes in any form, and you can receive a 20,000-pound fine. This all goes back to the IOC and what they set up and impose on host cities. And that’s why you’re seeing, when you look around—you said I was here since April, so I was here for the Jubilee, actually. And when the Jubilee happened for the queen, there were signs in windows, there were people celebrating, shops put little placards up and that sort of thing. Well, right now, during the Olympics, you’re really not seeing that very much, because people are afraid that they’re going to get cracked down on. Just a couple examples. A butcher put a bunch of sausages up in his window in the shape of the Olympic rings; he got asked to take them down. Somebody in Plymouth put up on their menu a "flaming torch breakfast baguette," and they were asked to take it off the menu. A florist was—put up a little display in the front of her store in the shape of the Olympic rings; again, told to take it down or face a 20,000-pound fine. So, the IOC is really where a lot of this starts.

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Musicians versus labels

Who would have thought that intellectual property issues would maintain such a high-profile position in the daily news. Here's another item. Just imagine how much things have changed in the music recording industry. Consider this excerpt by Trent Reznor (of the band Nine Inch Nails), appearing in contactmusic.com:

"One of the biggest wake-up calls of my career was when I saw a record contract. I said, 'Wait - you sell it for $18.98 and I make 80 cents? And I have to pay you back the money you lent me to make it and then you own it? Who the f**k made that rule? Oh! The record labels made it because artists are dumb and they'll sign anything' - like I did.

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The Associated Press argues for a no-tolerance prohibition regarding its work product

The Associated Press is going to war against all websites and bloggers who use any part of its work, even small snippets, and it is publicly threatening a barrage of lawsuits. The AP's threats are even aimed at search engines.

If the AP is successful, and they clearly believe they will be, then the Internet will be changed as we know it. Linking (with snippets or not) to the content of others could become a permission based concept where one only links (and quotes) after they have received the appropriate approval.

This battle is starting to remind me of the plague of RIAA suits against music downloaders. It seems to me that the AP is going to need to live with the legitimate exception of "fair use." I realize that there are many abuses out there--I've seen blogs cutting and pasting entire news articles without any attempt at meaningful comment. On the other hand, I've seen many sites making legitimate comment on news articles that really do fall within the fair use exception. We'll be keeping an eye on this issue as it develops.

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Youtube and copyright

Word is getting around the Internet that Youtube is no longer the wild west. Youtube is pulling down numerous video due to copyright violations. What is a copyright violation? Youtube has published this succinct set of guidelines, including various links for further understanding. It's a good starting place for anyone tempted to make use of the creative works of others without their explicit permission. Here's a hint: "Fair use" doesn't mean that you can do whatever you want.

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