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Posts Tagged ‘content protection’

Copyright and Technology in 2013

November 18, 2013 Leave a comment

Last month’s conference on copyright and technology provided plenty of food for thought from an array of speakers, organisations, viewpoints and agendas. Topics and discussions ran the gamut of increasingly obvious “business models are more important than technology” to downright bleeding edge “hypersonic activation of devices from outdoor displays “. There was something to take away for everyone involved. Read on for highlights.

The Mega Keynote interview: Mega’s CEO Vikram Kumar, discussed how the new and law-abiding cloud storage service is proving attractive to professionals who want to use and pay for the space, security and privacy that Mega provides. This is a far cry from the notorious MegaUpload, and founder Kim Dotcom’s continuing troubles with charges of copyright infringement, but there are still questions about the nature of the service – e.g. the end-to-end encryption approach which effectively makes it opaque to outside scrutiny.  Read more about it here.

Anti-Piracy and the age of big data – Mark Monitor’s Thomas Sehested talked about the rise of data / content monitoring and anti-piracy services in what he describes as the data driven media company. He also discussed the demise of content release windows, and how mass / immediate release of content across multiple channels lowers piracy, but questioned if this is more profitable.

Hadopi and graduated response – Hadopi’s Pauline Blassel gave an honest overview on the impact of Hadopi, including evidence of some reduction in piracy (by factor of 6M-4M) before stabilsation. She also described how this independent public authority delivers graduated response in a variety of ways e.g. from raising awareness to imposing penalties and focusing primarily on what is known as PUR (aka ‘Promotion les Usage Responsible’)

Auto Content Recognition (ACR) and the 2nd Screen – ACR is a core set of tools (including DRM, watermarking and fingerprinting), and the 2nd screen opportunity (at least for broadcasters) is all about keeping TV viewership and relevance in the face of tough competition for people’s time and attention. This panel session discussed monetisation of second screen applications, and the challenges of how TV is regulated, pervasive and country specific. Legal broadcast rights is aimed at protection of broadcast signals, which triggers the 2nd screen application, (e.g. via ambient / STB / EPG based recognition). This begs the question of what regulation should be applied to the 2nd screen, and what rights apply? E.g. Ads on TV can be replaced in the 2 screen, but what are the implications?

Update on the Copyright Hub – The Keynote address by Sir Richard Hooper, chair of the Copyright Hub and co-author of the 2012 report on Copyright Works: Streamlining Copyright Licensing for the Digital Age, was arguably the high point of the event. He made the point that although there are issues with copyright in the digital age, the creative industries need to get off their collective backsides and streamline the licensing process before asking for a change in copyright law. He gave examples of issues with the overly complex educational licensing process and how the analogue processes are inadequate for the digital age (e.g. unique identifiers for copyright works).

Sir Richard Hooper

Sir Richard Hooper

The primary focus of the Copyright Hub, according to Sir Richard, is to enable high volume – low value transactions, (e.g. to search, license and use copyright works legally) by individuals and SMEs. The top tier content players already have dedicated resources for such activities hence they’re not a primary target of the Copyright Hub, but they’ll also benefit by removing the need to deal with trivial requests for licensing individual items (e.g. to use popular songs for wedding videos on YouTube).

Next phase work, and other challenges, for the Copyright Hub include: enabling consumer reuse of content, architectures for federated search, machine to machine transactions, orphan works registry & mass digitisation (collective licensing), multi licensing for multimedia content, as well as the need for global licensing. Some key messages and quotes in the ensuing Q&A include:

  • “the Internet is inherently borderless and we must think global licensing, but need to walk before we can run”
  • “user-centricity is key.  People are happy not to infringe if easy / cheap to be legal”
  • “data accuracy is vital, so Copyright Hub is looking at efforts from Linked Content Coalition and Global Repertoire Database”
  • “Metadata is intrinsic to machine to Machine transactions – do you know it is a crime to strip metadata from content?”
  • “Moral rights may add to overall complexity”

As you can probably see from the above, this one day event delivered the goods and valuable insights to the audience, which included people from the creative / content industries, as well as technologists, legal practitioners, academics and government agencies. Kudos to MusicAlly, the event organiser, and to Bill Rosenblatt, (conference chair), for a job well done.

Next Stop: I’ll be discussing key issues and trends with Digital Economy and Law at a 2 day event, organised by ACEPI,  in Lisbon. Watch this space.

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DRM, Content Protection, and the future of the Web

October 14, 2013 Leave a comment

I remember once when the mere mention of DRM stirred up such a frenzied reaction of blood boiling anger, outrage and disgust, from even the meekest of the meek. Thankfully those days are long gone, and DRM has been largely forgotten, or has it?

DRM Wordle

DRM and the Web

Sadly no, because DRM recently reared its dramatic head yet again following a decision by the World Wide Web Consortium (W3C) to bring video content protection into scope for discussion in their HTML5 Working Group. So what does this mean? Well, it depends on who you ask of course, because the usual pros vs. cons battle lines, championed by various organisations and pundits, have opened up with distinct perspectives on the matter. The following are summary points, culled from a quick web search on the topic.

Some viewpoints in support of the decision:

  1. Sir Tim Berners Lee on Encrypted content and the Open Web – reiterated that W3C staff remain passionate about the open Web, and indeed abhor certain forms of content protection and DRM. However, he went on to explain how putting content protection in scope for discussion is the lesser evil, given that exclusion of this topic from the HTML WG discussions will not necessarily exclude it from anyone’s systems.
  2. W3C Encrypted Media Extensions (EME) Editor’s draft 17th September 2013 – According to the abstract, “the proposal extends HTMLMediaElement providing APIs to control playback of protected content.”  Also, the specification does not define any particular content protection or DRM system, but instead it defines a common API that may be used to discover, select and interact with various such mechanisms / DRM solutions.
  3. ArsTechnica “DRM in HTML5 is a victory for the open Web, not a defeat” – In this post, Peter Bright argues that EME will happen, one way or another, especially given how some important companies (i.e. Microsoft, Google and Netflix) are actively developing the specification. Furthermore, distributors of protected video content already use DRM, albeit outside the Web (e.g. via Microsoft’s Silverlight, Adobe Flash and / or mobile Apps). Finally, he concludes that EME will provide a way to deliver protected content via the Web instead of just using proprietary applications and plug-ins.  .

Other viewpoints against the decision:

  1. The Electronic Frontier Foundation (EFF), “Lowering Your Standards: DRM and the Future of the W3C” – The EFF strongly objects to the inclusion of “playback of protected content” into the scope of HTML Working Group’s new charter, stating that such a move would mean the controversial Encrypted Media Extension could be included in the HTML5.1 standard, which would effectively cede control of browsers to 3rd parties (i.e. content providers). Furthermore, they argue, this could ultimately damage the W3C’s reputation / perception as guardian of the open Web, and that other media formats (e.g. images, fonts and music) may push for equivalent content protection standards, over a rapidly fragmenting Web.
  2. Boing Boing “W3C’s DRM for HTML5 sets the stage for jailing programmers…” – Cory Doctorow discusses how the decision will open the possibility of punitive fines or imprisonment for programmers who dare to attempt improving web browsers in ways that displease Hollywood.
  3. DefectiveByDesign “Tell W3C: We don’t want the Hollyweb” – Calls for the W3C to reject the EME proposal, stating that it would damage freedom on the Web and enable unethical, restrictive business models, as well as proliferation of DRM plug-ins needed to play protected media content.

Regardless of which side you take in this debate, it is probably disingenuous to think that DRM ever went away, if anything, it has in fact been thriving in various digital content services and technologies, well outside the limelight and notoriety it had in the past – perhaps until now. One of the key things I learnt during my sojourn into the DRM debate over the last decade, was that most content businesses are ultimately pragmatic in nature, and they now understand that suing customers (or casual pirates depending on viewpoint) can be suicidal, hence the move away from dramatic headlines and into developing services that users actually want to use and pay for.  The saying holds true that the only good DRM system is invisible or transparent to the end user or consumer.

It could be argued that this current debate has arisen because the Web is designed, and perceived by many, to be open and universal, but it is this selfsame universality that allows even potentially restrictive models to have a place on the Web. In fighting for its own survival, and by openly considering inclusion of something like content protection, the W3C is actually living up to the open and universal remit of the Web. However, a real danger remains that commercial interests (aka content businesses) will almost certainly seize this opportunity to compete using flawed and restrictive business models, which will only throw DRM in the faces of their users, and possibly restart litigious campaigns against their users, once the latter decide again that unrestricted (and literally free) content is best. Truly, those that don’t learn from past mistakes are only doomed to repeat them.

In conclusion, although this is probably more than a mere storm in the proverbial teacup, the signs portend that this too shall pass into the annals of DRM aftershocks, in the grand scheme of things.  I say this with some confidence because whilst the DRM battle rages on, the world of digital content, copyright and the Internet continues to evolve new opportunities and challenges that will reshape the digital landscape. A recent example concerns the IP value of curation, e.g. playlists, as a candidate for copyright (e.g. see Ministry of Sound versus Spotify)

BTW:  I will be moderating a panel session, discussing Over the Top (OTT) video content protection, at the Copyright and Technology 2013 London conference, later this week. My panel of experts will most likely have something interesting to say about DRM and the Web. Why not join the debate at the event, if you are in London, otherwise I’ll keep you posted on this blog.

The ISP Dilemma Continues

December 14, 2011 Leave a comment

Some time ago I wrote a post about the challenges facing Internet Service Providers (ISPs) over whether they can afford to be the police of the Internet, with respect to helping find and stop persistent abuse of content, and other illegal online activities by their users. This is still a serious issue today, particularly in light of the cloud, hence the urge to revisit that post here.

The biggest challenge then was around the growing perception of ISPs as de-facto gatekeepers of the Internet, which effectively added another layer of complexity to their traditional / core business. As a result, not only do ISPs have to deal with existing and non-trivial issues (e.g. declining markets, convergent evolution via multi-play business models, and issues around increasing broadband / bandwidth consumption), they also have to contend with the fact that:

  • Content owners still want ISPs to play a more central role in preventing, detecting, monitoring and punishing illegal file sharing (e.g. via schemes like the infamous three strikes proposal).
  • Various initiatives by governments around the world, such as the UK’s Digital Economy Act, are put in place to help provide much needed governance and teeth to the need for ways to monitor and combat illegal activities including copyright infringement.
  • There still are also signs of lack of trust by ISP customers over service quality / charges, and potential invasion of privacy

These all add up to a severe headache for ISPs, and may be made even worse when you throw cloud services into the mix. Some of the options, or combinations thereof, that ISPs have used or considered using to deal with these key challenges include:

  • Targeted advertising schemes – preferably via opt-in models as a way to help subsidise the cost of service. In some cases even extending to much cheaper or even “free” access, for your usage information, of course.
  • Industry self regulation – Still not easy to do, but one that would benefit the entire industry, and help address the pressures from content owners
  • Network Controls – Invest in better ways to track, monitor and control or “shape”  network traffic, in order to deliver better quality of service, promote fair use, and support law enforcement
  • Partner with content owners – To explore new and more flexible content business models. E.g. a survery found that music fans might actually prefer ISPs as their music supplier. However the advent since of cloud based music and streaming services may have changed that landscape somewhat.

In any case, it is still advisable for ISPs to bear in mind the following three points in trying to deal with this dilemma:

  1. Do not alienate or irritate the customer – protecting the customer relationship and keeping their trust is still key to future success
  2. Resist excessive external pressures – Content owners need ISPs as much as ISPs need them, and perhaps even more so
  3. Take the initiative – ISPs should be more proactive in creating customer-pleasing, regulator-friendly propositions and business models (perhaps by working closely with consumers and content owners)

Overall, there is no easy way to slow down the natural evolution of the Internet, and cloud services, therefore ISPs need to do more to understand, evolve and embrace what is really a critical niche in the digital content ecosystem. The cloud is here for all, and it is here to stay.

 

Note: This post is brought to you in partnership with Intel(R) as part of the “Technology in tomorrow’s cloud & virtual desktop” series. For more information please click – HERE

Content Security and the Cloud

November 30, 2011 Leave a comment

Following on from my previous post about storage in the cloud, the topic of content security, (aka how do you secure what is already stored in the cloud?), seemed like a natural next stop, hence this post. What does it take for content to be deemed secure in the cloud environment, and can it really be so?   

Many months ago, I reviewed a book (for the BCS, Chartered Institute for IT), which dealt with the topic of cloud security, and I recall that although the book’s titular topics of Cloud Security and Privacy was very apt, it did not take a lot of reading to get the gist that security touches every aspect of cloud, right from initial login to choice of service provider and beyond. You may be forgiven for thinking that once your content is deposited in a secure cloud location, e.g. in a highly redundant, uber-secure, private cloud provided by a certified defence contractor, then it must be secure right? Wrong.

The content, and not just the location, is what needs securing. The age old concept of perimeterised security, such as can be found within firewalls, does not apply well to distributed cloud services, hence the need for the actual stored material to have it’s own inherent security (be it encryption, obfuscation, DRM etc.). What really matters is how the material is protected from intentional or accidental leakage.

Several methods or techniques are in use today by cloud service providers to secure the content stored within their services, and just like most things in cloud, you may even get a choice of how locked down you want it to be. Again, I mean locked down as in the actual content, and not the cloud. One of the more promising systems, spearheaded by the video content industry (and Digital Entertainment Content Ecosystem), is the cloud based digital rights locker system known as Ultraviolet, which allows users to buy content once and allow playback across any supporting platform / device. More information about the alliance and partners can be found here.

The key challenge is typically around content usage, and perhaps more importantly, the users intent. The use of otherwise secured content once released / accessed can often introduce an element of risk of leakage which spans anything from intentional copy and distribute (e.g. via the so called analog hole), to accidental misuse or malicious hacking. The impact of content leakage in the cloud can be devastating for content industry players that rely on revenue from their content investments.

The next post on this series will be looking very closely at the challenges facing copyright in the context of the cloud, and I hope to be able to bring back some insight from the rather timely Copyright and Technology 2011 conference, which I am attending today.

Note: This post is brought to you in partnership with Intel(R) as part of the “Technology in tomorrow’s cloud & virtual desktop” series. For more information please click – HERE

The Multi-Everything Approach to Creative Business and Innovation

April 27, 2011 Leave a comment

Clearly, 21st century business is a crazy mixed-up world of multi-platform, multi-channel, multi-format, multi-device and multi-revenue (oh, and don’t forget mash-up) business models. Most brands, businesses and individuals must learn to adapt, compete, survive and perhaps even excel, in this challenging environment, but the key question is how best to go about it?

Once upon a time, it was the admirable thing to be able to “do one thing, and do it well”, however, in these crazy mixed up times, it seems like anyone and her uncle’s dog are attempting to do multiple things and, in some cases, they seem to do them very well indeed. So how can an ordinary, garden variety, business or individual even hope to compete in such a world? The answer, incredible as it sounds, is to be able to do one thing well, but that one thing is nothing less than the ability to handle change – a whole lot of change. Ok, so this isn’t a lightning flash of brilliance or originality, after all evolution has shown that highly adaptable generalists, such as omnivorous mammals, are more likely to succeed than their single purpose, built-for-speed and all things bling, counterparts.

For a business or individual to compete, survive and excel these days, it must have inbuilt, DNA level, capability to change. Nowhere is this more true and important than in the creative / knowledge industries of the digital age. If I had a five year Private Equity fund to invest as I saw fit, my one yardstick for judging a proposition would be based on this one quality (i.e. how change-ready is the individual, start-up or established business) in everything from business model to individual outlook. Basically, I propose using a stakeholder prism to analyse the change-readiness of the proposition from the point of view of five key stakeholder groups. So how might this work for example with new video, music or publishing venture?

First of all, we’ll need a standard way to establish the overall clarity of vision for that proposition, and for this, I’d suggest using the excellent Business Model Canvas (as described in the book Business Model Generation), to provide comprehensive articulation of the business model / proposition in no more than a single poster. This is a near perfect template for most circumstances, and the book provides model patterns for various types of businesses (you can also see the relevance to Enterprise Architecture in a recent CTO Blog post by Andy Mulholland).

Having established completeness and clarity of vision, we can then proceed to analyse the change-readiness of the proposition from five key perspectives (i.e. from the creator, technology, commercial, governance and customer stakeholder groups), loosely based on current and emerging trends affecting the creative industries:  

Five stakeholders

Figure: Five Key Stakeholder Groups*

  1. Content creators – In a multi-everything world, creative artistes must also be multi-talented. It is no longer enough to just sing for your supper – look what this author has resorted to doing.  The content creators in the proposition must be capable of applying their creativity to the entire lifecycle 
  2. Technology providers – This current situation (and this blog post) is a direct  result of disruption caused by Internet and mobile technologies, which enable the multi-everything paradigm of multi-format / multi-channel / multi-platform offerings and experiences so capably delivered by devices such as the iPad etc. The proposition must be able to take advantage of these enablers throughout the entire content lifecycle
  3. The commercial stakeholders – The Creative industries are starting to embrace the multi-everything philosophy, and to paraphrase one speaker at a recent publishing event, the future of multi-publishing is one-third physical, one-third digital, and one-third live events. The commercial model in the proposition needs to be flexible enough to handle all three if necessary 
  4. Legislative and governance stakeholders – The recent spate of IP Reviewsare testament to the fact that a creaking Intellectual Property (IP) system is woefully inadequate to handle the multi-complex threats and opportunities on offer today. The proposition must show how it aims to address challenges presented by a far-too-slowly evolving IP environment  
  5. Customers / end users – Finally, this group of stakeholders encompass all others, and as it is their judgement that really matters to any business, the prime goal of any business venture must be deliver value as early as possible to this group. The ultimate change-readiness test is to demonstrate how the proposition can fail fast and often without losing its hold on the customer / end-user.

Any business proposition that can provide satisfactory answers to the above tests is bound to do well, even without support and investment from my mythical PE fund. However, there are still a couple of very tough but related issues that compound an already perilous creative business environment i.e.:

  • Piracy – and I mean real industrial piracy, (not the “we-have-an-outdated-business-model-so-let’s-just-sue-the-people-formerly-known-as-customers” variety), needs to be addressed at a global level. A recent UK Government report put the cost of cyber crime at £27bn, (of which some £9bn was attributed to IP theft), in the UK alone.
  • Copyright – and all other Intellectual Property systems must evolve to something better able to handle digital complexity. In other words, we must start to simplify and facilitate the whole end-to-end process of IP Rights. Several promising events / debates have and will continue to take place until a workable solution can be found – e.g. the World Copyright Summit and Berklee College / Midem’s Rethink Musicevent each provide an exemplary forum for such worthwhile discourse.
  • Territoriality – is fast becoming an outmoded concept in a globally connected mobile digital world. Creative businesses are increasingly looking to reduce the headache caused by historical remnants of territorial boundaries in a global digital environment.

To conclude, in a multi-everything world, the best approach to creative business innovation is to be fast, flexible and adaptable to change, but also keeping in mind the global reach of digital and mobile technology. It is no different than the business of evolution, except that it is probably happening right this minute on a device near you.

*Image Source: Adapted from The World Beyond Digital Rights Management, BCS 2007

Publishing, Intellectual Property and Private Equity: A Tale of Three Events

March 3, 2011 Leave a comment

It’s not often one gets an opportunity to attend three compelling events in one evening, but as luck would have it, the stars were aligned and I managed to do just that in a mad scramble from one venue to the next. Such are the benefits of living and working in a great city like London, but less so were the thorny issues under debate at each of the three events.

It took a minute to digest and process various messages from these events, but as promised / tweeted, below are three key points, take-away or opinions:

1. Publishers must embrace multi-platform models as business-as-usual (Publishing Expo 2011)

It was standing room only at the Multi-Publishing & Digital Strategies Theatre in a packed final session on “the future of multi-platform publishing”. According to one of the speakers, “the bleeding edge of multi-publishing model is one third print, one third digital, and one third live events.”

Standing Room Only

Publishing Expo 2011: Future of Multi-Publishing

My Comment – Never mind multi-platform, it sounds more like a multi-model approach will be necessary for the entire creative industry, in my opinion.


2. But how do you value Intellectual Property? (IP For Innovation And Growth)

This has to be one of the thorniest questions for IP, because consistent and intelligent valuation of IP is at best confusing, or non-existent. IP is really just an economic mechanism, so a fundamental attribute should be the ability to establish an agreed value for the property in question, but this presents a severe problem because current valuation are highly subjective and always dependent on the buyer or seller’s points-of-view. Throw in the ability to effortlessly copy and distribute works via digital technology, and you’ll get the somewhat muddy picture.

IP Panel at the RSA

The RSA: IP For Innovation and Growth

My Comment – There is a clear opportunity here to create a dynamic and transparent IP valuation model or approach, which can produce the right valuation for IP, based on the buyer / seller relationship and context


3. And does a cash economy make IP any less relevant? (Private Equity Africa)

Apparently, it’s all about cash in Africa which leads me to wonder if and how global IP will work in a cash economy. This event does not immediately appear to have much in common with the others on IP or the creative industry, and even one of the speakers afterwards, said he considered Intellectual Property in Africa to be, and I quote, “nothing more than intellectual masturbation”. However, when you think of the thriving industry and market for music and filmed entertainment (e.g. Nigeria’s Nollywood), it is easy to see how IP can provide an important boost to developing economies. Therefore, even if there is little point in enforcing IP Rights locally, all developing economies must be interested and involved in any discussion relating to global IP rights and digital distribution / piracy.

PE Africa

Private Equity Africa

My Comment – when it comes to content and IP, it is a level playing field as all jurisdictions and stakeholders struggle with the impact of digital technology

Overall, one clear trend I can see emerging from the above is that such tough questions / issues will need even tougher answers and resolutions to overcome. For example, they may well be pointing to the same underlying problem – i.e. a flawed and inflexible concept of economic value – but perhaps that is rightly the subject of another blog and blogger.

Creative Commons: Addressing the perils of re-using digital content.

February 27, 2011 2 comments

Do you still dream of owning an iPad? If so, you are one of millions of people salivating at the thought of using such a sexy device to create and consume all manner of digital content e.g. books, pictures, music and video. Indeed such devices promise exciting times for all digital content creators; and even entire industries, (e.g. news and magazine publishers), can hardly contain their excitement at the prospect of a device that just might single-handedly revive their ailing fortunes. But this is not another gushing product review, instead it is meant to highlight the challenges that this, and other such devices, will surely pose to the already embattled system of Intellectual Property or Copyright. Namely, how can you be sure that the content you create, re-use and consume on your device does not infringe another party’s copyright?

This is a burning question in the minds of many professional and non-professional creators and re-users of digital content, (e.g.: authors, bloggers, photographers, film-makers, illustrators, web-designers, as well as teachers and students); especially in light of new governmental instruments like the Digital Economy Act1. The right answer must provide, at the very least, a clear and simple method by which anyone can legally create, distribute, use and remix digital content without fear of inadvertent copyright infringement. This article examines one such method, which is increasingly being used by many creative people to get around this difficult issue, and it’s called the Creative Commons.

What Is The Creative Commons?

According to their website2, the Creative Commons (or CC) is a non-profit organisation devoted to increasing the amount of creative works that are free and legal to: share, use, re-purpose and remix by the general public (aka “The Commons”). The CC was established in 2001 by an eight strong group of experts in such relevant fields as cyber law, Intellectual Property (IP), computing and education. The first version of CC Licences were released in 2002, and since then over 130 million works have been licensed under this, and subsequent versions (it’s currently at version 3.0). Furthermore, CC licenses have now been ported to over 50 countries or jurisdictions internationally, with more coming onboard every year.

How Do CC Licenses Work?

The Creative Commons provides free, legal tools that enable content creators to grant: clear, simple and more liberal copyright-based permissions for the use of their works. It operates alongside existing copyright laws, but instead of the default copyright position of “all rights reserved”, CC allows content creators to specify a more flexible proposition with only “some rights reserved”. This is achieved via a multi-step gradient of pre-bundled permissions which bridge the gap between binary positions of copyright (i.e. all rights reserved) and the public domain (i.e. no rights reserved).

There are six commonly used types of CC licenses, which are shown, in order of increasing restrictiveness, as follows:

Creative Commons Licenses

Creative Commons Licenses

Figure 1: Creative Commons. Source of CC License Symbol / Images3: http://creativecommons.org/about/licenses/

All CC licenses are represented in three levels, which are easily accessible for: computers (i.e.  Machine-readable digital code, or metadata); lawyers (i.e. the “Legal Code”); and ordinary people (i.e. the Commons Deed).

What are the Limitations and Pitfalls of Using CC Licenses?

CC is by no means perfect for every situation, especially since it doesn’t cover every single type of rights and privileges related to content. For example, CC licenses do not affect the rights of content creators or consumers in areas like: Fair Use or Fair Dealing, Moral Rights and / or Privacy. The latter aspect of Privacy has been in the spotlight on a few occasions, most memorable of which involved a minor whose image was used in an advertising campaign without her knowledge or permission4, and which ultimately led to charges of violation of her privacy, (notwithstanding the fact that the photograph in question had been posted on Flickr.com under a CC-By-Attribution license!)

Furthermore, the global scope of CC and the Internet only adds to the complexity and geo-political implications of such allegations. For example, the minor and photographer in the above case were both based in the USA, but the ad campaign took place in far away Australia. In light of this and other similar cases, Maria Kessler5, President of the Picture Archive Council of America, advises caution in all uses of digital images, even those under CC license, due to the many subtleties / unintended consequences of digital image rights and their usage.

In Conclusion

The rise in digital content, fuelled by ubiquity and relative ease of digital content creation, remix and distribution emphasises the urgent need for a more flexible approach to usage rights and permissions under copyright. This need is fulfilled to a large degree by the Creative Commons system described above, in spite of the mind-numbing complexity and subtlety of copyright (i.e. the various rights / privileges / restrictions that are attributable to content and their authors). In summary, the key messages to take away include:

  1. CC is probably the best thing we currently have to enable the legal use / reuse of digital content that would otherwise be legally inaccessible to users under full copyright. This is because CC simplifies and facilitates content use / reuse / sharing for  the benefit of all (and not just for commercial stakeholders or content rights owners)
  2. The widespread popularity and adoption of CC clearly points the way to how we might evolve, or remix, the global copyright system into something that can better cope with the relentless relentless pace of change driving the digital economy during this crucial transition period in human cultural evolution
  3. Finally, as with most other things, CC is not a silver bullet. The subtleties of copyright versus individual rights are a minefield, even for the best of legal experts; therefore extreme caution is highly recommended when considering the use of CC licensed works in a commercial way.

Please Note: This article has been submitted and accepted for publication in a forthcoming edition of ITNow Magazine

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References:

  1. The Creative Commons website can be found at http://www.creativecommons.org and the UK version is at: http://www.creativecommons.org.uk. More information on other jurisdictions can be found at: http://creativecommons.org/international
  2. Digital Economy Act – More on the debate over this bill can be found on the BCS DRM blog, including comments, at: http://www.bcs.org/server.php?show=conBlogPost.1606
  3. Creative Commons Images: The CC license buttons and graphics remain the property and trademark of the Creative Commons. More information on their use and reuse can be found at: http://creativecommons.org/policies
  4. More information on this lawsuit against Virgin Mobile and the Creative Commons can be found at: http://creativecommons.org/weblog/entry/7680
  5. Conversation with Maria Kessler who is also Senior Vice President of Image Rights (http://www.imagerights.com), an Image monitoring services company.