As part of the Digital Britain report Lord Carter proposes a Digital Rights Agency to resolve copyright issues faced by the creative industries. Is this the right approach?

M35CMC

Xiao Hong                             Tutor: Nick Middleton

Digital Rights Agency

the necessary role for creative industries

Nowadays, the world change with each passing day, especially after Internet has been know and use by people, people start use internet to watch film, listen music, make friends and doing business, in one word, these digital content become an essential part of our daily life. Moreover, internet also promotes an emerging industry – creative industry, it includes culture, media and sport area. According to DCMS, the following table shows the detailed area of creative industries.

Creative Industries

The creative industries include:

In the digital age, creative industries generate huge benefits in economy. DCMS (2007) point out firstly, take UK for example, creative industries accounted for 7.3% of Gross Value Added (GVA) in 2005, and grew by an average of 6% per annum between 1997 and 2005. This compares to an average of 3% for the whole of the economy over this period. (See Figure 1, 2)

Figure1. Gross Value Added (GVA) of the Creative Industries, UK

 Figure2. Growth in GVA of the Creative Industries, UK

Secondly, creative industries also generates numerous profit in exports of service, take UK for example, in 2005, the profit achieve about £14.6 billion due to exports of services by the Creative Industries, especially by the Software, Computer Games & Electronic Publishing sector. (See Figure3)

Figure3. Exports of services for the Creative Industries, UK

Furthermore, creative industries also resolve some knotty problem, such as unemployment problem, take London for example, “creative industries represent London’s third largest sector of employment, with 525,000 people working either directly in the creative industries or in creative occupations in other industries.”(London)

Although creative industries generate huge benefit and occupy the important position in economy, no one can deny that there has a biggest problem exist and hinder the development of creative industries, which is copyright problem. As we know, design and innovation is the key point of creative industries, therefore, if infringement and piracy happened, it is like a hurricane struck the creative industries, and the biggest possibility lead to infringement and piracy happened is through the internet, due to the spread and application of some creative industries depend on the internet, such as computer and video game, software, music and film. Take China for example, it is easy things to download the music and film illegally in internet, it seems China’s authorities do not care these illegal behavior serious infract the copyright owner, as a result, without payment and permission, copyright has been stolen.

Microsoft Fight with Infringement

For example, tomatolei.com is a famous pirate website in China; it was funded in 2003 and provides different kind of software to download, one of the software is pirate software – Windows XP Tomato Edition, which obviously piracy Microsoft’s Windows XP. (See Figure4, 5)  

Figure4. Windows XP Tomato Edition

Figure5. Windows Vista Tomato Edition

In China, genuine Windows Vista software cost 200 pound, it equal to common laborer’s whole salary every month in China. However, Windows XP Tomato Edition is free for download in tomatolei.com, therefore, it spread very broad in internet, according to Sina’s statistical data, millions people has used Windows Tomato Edition, and 19% people is using Windows Tomato Edition.      

The serious infringement behavior captures Microsoft’s attention. In 2008, Hong Lei, who is the writer of Windows XP Tomato Edition and the webmaster of tomatolei.com, have been taken into custody due to his piracy. He will face up 3-7 years set term of imprisonment.

Moreover, after Hong lei arrest, this kind of piracy is still quite common in China, it also has some other organization similar with Tomatolei. According to China Teach News（2008）, In China, bootleg Microsoft operating system already up to 70%, 74% of 580,000 Internet users used fake Microsoft software. In other words, we can easily find piracy software of Microsoft not only in Internet, but also in the corner of street, because it also has been made into DVD to make money.

For the huge but headache market, Microsoft tried different way to solve the pirate problem, for example, Microsoft reqilate all of China’s computer should install Microsoft Genuine software before it be sold, as well as the 1200 million China’s Internet bar, although it lead to a lot of dissatisfaction in operator of Internet bar, Undoubted, it solve big problem for Microsoft.    

Furthermore, Microsoft’s weapons target to Chinese users, who use the fake Microsoft system. Last year, Windows Genuine Advantage (WGA) install an automatic update, if you computer system is pirated Microsoft, and you use your pirated Microsoft to downloaded updates from Microsoft will be affected, you desktop background will turn black, although you can change it by yourself, it still will automatic turn black every hour. (See Figure6) 

Figure6. Microsoft campaign — Blank screen

Obviously, this campaign generates huge effect in China, Chinese Internet users feel so anger at Microsoft’s campaign, the biggest anger is this behavior is so rude, users fell lost their privacy and sense of security. Microsoft is like a biggest “hacker” in the world.

Next, not only the wrong measures, Chinese Internet users also accused Microsoft make the wrong target, John Oates(2008) point out, “They should target producers and sellers of fake software, not users. The authorities should take action to protect citizens’ property and privacy rights”.

According to Wu zhong（2008）, Microsoft said on its website the move was part of its “commitment to help protect its intellectual property and to help you avoid problems before they happen”. However, obviously, it made Microsoft got more enemies, therefore, although pirate Microsoft is illegal and should stop, the measures is also very important, and if only depend on company itself, it is hard to accomplish the goal, it is really important to build up an agency counter this infringement behavior for help company.

Digital Rights Agency

According to “Straw Man”, “Britain’s creative industries But in the new digital age, copyright infringement has become easier and more socially acceptable, so it’s clear we need some form of legislative backstop for the protection of rights as well as new and innovative ways to access legal content.” In other words, creative industries not only a opportunity for the digital content because the content can quickly transmit in Internet and easily be found by consumer, but also a challenge for copyright due to this new business model is hard to be protect, it exist some real problem, for example, “Consumers are not willing to wait to see a film at home until several months after it has passed through the cinemas. They don’t accept the logic that says that if you have bought a CD you cannot then copy that music onto your iPod.” Therefore, for numerous copyright problem, The British government has proposes a Digital Rights Agency to solve online copyright problems with creative industries.

In Europe, the copyright law exist some limit, especial for the creative industries, therefore, it is necessary and important for digital rights agency to help creative industries fit the new market and focus on the key point of how infringement happened. For example, the consumer prefer easier and free things, even if it is unlawful, therefore, it is very important for the digital rights agency to provide a inexpensive and easy but legal things to consumers.

Turning to the aim of digital rights agency, first and foremost, digital rights agency is help company and artist to crack down on infringement behavior and illegal file sharing in Internet, such as some illegal file sharing in music, film, software and computer games aspect. As we know, it is hard to solve this copyright problem only depend on the company and artist, according to the Microsoft example, it is not a easy for Microsoft to focus on the copyright problem and find out the suitable measure to solve copyright problem, after all, Microsoft is a computer technology  company, not a company only focus on copyright.     

Moreover, digital rights agency is not only for the company and artist, but also for the consumer, According to BBC NEWS (2009), David Lammy, who is The Intellectual Property Minister said, “We need to make it easier for consumers to do the right thing. The internet has become an integral part of daily life.” In other words, the consumer should not have to understand copyright law to be able to access online media.

In the other hand, some group and people doubt built up digital rights agency is a good idea. First, according to UK fast (2009), Ed Mayo, Chief Executive, Consumer Focus argued that digital rights agency will generate thousands criminal consumers due to illegal file sharing and he said: “digital rights agency must be the shortest ‘non-consultation’ in history. This issue needs debated thoroughly, not decided on the basis of some quick ‘conversation’ held by men in suits.”

Moreover, someone doubt digital agency can real solve copyright problem, because of the  vice-chairman of the Swedish Pirate Party (2009) said that the drop by digital rights agency would only be temporary and as they find new way to avoid detection, it could ultimately make file sharers more difficult to track as. Furthermore, according to other countries suggest, “file-sharing drops on the day a law is passed, it starts climbing again. One of the reasons is that it takes people a few weeks to figure out how to change their security settings so that they can share files anonymously”

However, in my opinion, digital rights agency is necessary for creative industries, it plays an important role in the new market, after all, the creators profit should be protect, and consumer should stand on the right and legal side.    

Reference:

BBC NEWS (2009) File sharing agency up for debate [online] available from<

http://news.bbc.co.uk/2/hi/technology/7945754.stm> [4^thApril 2009]

DCMS creative industries [online] available from <http://www.culture.gov.uk/what_we_do/creative_industries/default.aspx/> [4^thApril 2009]

Uk fast (2009) group warns of rushed rights agency [online] available from http://www.ukfast.co.uk/internet-news/group-warns-of-rushed-digital-rights-agency.html> [4^thApril 2009]

Writetoreply Copyright in a digital world. What role for a Digital Rights Agency? [online] available from<http://writetoreply.org/strawman/embedded-document/> [4^thApril 2009]

DCMS. (2007)Creative Industries Economic Estimates Statistical Bulletin [online] available from< http://www.culture.gov.uk/images/research/CreativeIndustriesEconomicEstimates2007.pdf> [4^th April 2009]

China Teach News（2008）Tomatolei.Com’s Founder Seized for Software Piracy [online] available from<http://www.chinatechnews.com/2008/08/25/7345-tomatoleicoms-founder-seized-for-software-piracy/> [5^th April 2009]

Wu zhong（2008）Microsoft comes knocking in China [online] available from< http://www.atimes.com/atimes/China_Business/JJ24Cb01.html> [5^th April 2009]

John Oates (2008)

Microsoft sued in China for black screen of death [online] available from< http://www.channelregister.co.uk/2008/10/22/china_fury_microsoft_wga/> [5^th April 2009]

London creative industries [online] available from <http://www.london.gov.uk/mayor/creativeindustries.jsp> [4^thApril 2009]

As we know, Internet makes digital content industry spread rapidly and widely, such as music and movie, we can easily download these from internet in China. Hence, Internet generate some copyright infringement problem, for example, in china, a film online website called XunLei, its client contain a lot of latest film and consumer can easily watch these film online, for example, Bolt, Hunger, The Curious case of Benjamin Button and Stauffenberg. It is address of this website: http://kankan.xunlei.com/

Recently, Hollywood studios sue XunLei over movie piracy and claim for compensation about 1 million dollar, due to the copyright problem, CEO of XunLei argue that “XunLei is a kind of P2P internet type, these film is upload by the users and partner, XunLei only afford the software for download and did not afford film”

In my opinion, although these film are upload by users, XunLei also has responsibility for this infringement behavior, due to XunLei’s business model, it did not control these infringement and recommended some film in its website. Moreover, not only in XunLei, but also in other P2P industries, for example, Napster, Grokster StreamCast, Kazaa, it also has this kind problem. Therefore, how to solve this problem, firstly, we should improve the copyrights law in this area, fix the limit between fair use and infringement. Next, we also should make it clear that how dose these P2P industries make money, basically, advertising and other income take up the dominate position. However, if only depend on advertising income, these P2P industries will pursuit website traffic, and afford users some film has copyrighted problem, lead to infringement problem. Therefore, if these P2P industries cooperate with content provider, make these digital content legally, it is fair behavior and will generate legal income. In one word, the key principles of P2P industry is follow the copyrights law.

Copyright is the core problem for digital content, and it is vital to make sure the circumscription between legal and illegal of share content to preple. Moreover, when the goverment support the rights holders, it is also useful to depend on the clear and detailed law to protect rights holders, after all, they have rights to get revenue for their work.  Nonetheless, in some country, it still have some serious problem of copyright, for example, my monther country, China. It is an  common phenomenone in China to downloard music, movie or software illegally from internet or use piracy software. In my opinion, the main reasons of these copyrights problem is the law of copyrights have not be enforce, hence, government and relevant department should take a huge responsibility for this bad  network environment. Therefore, it still has a long way to go.

As we know, some serious problem generated by scientific copyright, foe example, some useful research and technic cannot be reuse due to the copyright problem, therefore, the purpose of Science Commons is to solve this kind of problem, it help research through clear the legal and technical barriers in three broad areas, there and scholar’s copyright project, biological  materials transfer project, neuro commons and health commons. Moreover, science commons not only making scientific research reuse for people and organization, but also enabling “one-click”  access to research materials, it make researchers can easily verify and extend research. And integrating frgmented information sources. In one word, Science Commons devoted to provides a open, collaborative infrastructure for these useful reseach can be reuse in each project.