Faculty, students, and the community are invited to an IP Speaker Series presentation by Peter S. Menell, Professor of Law, Director, Berkeley Center for Law & Technology, University of California at Berkeley School of Law
Friday, October 16, 3:00 – 4:30, in the Law Tower, Room 620. His title and abstract follow:
For much of the past century, copyright law provided critical infrastructure supporting markets for creative works. The technology of distribution — paper, celluloid, vinyl, tape, and broadcasting — effectively controlled piracy while exclusive rights provided a secure foundation for licensing of creative works. These markets provided the means for creators to connect with and, importantly, derive revenue from those who valued their creativity — the fans. This mechanism fostered vibrant ecosystems in which the most popular creators rose the top and markets supported a burgeoning supply of professional creators and institutions. Intermediaries — such as publishers, record labels, studios, and broadcasters — performed important economic functions (talent identification, project development, production, manufacturing, marketing, and distribution) and claimed a significant share of the revenue stream.
The emergence of the Internet has disrupted this marketplace in several respects — some of which reduce the need for traditional intermediaries and others that eviscerate market transactions. For example, it is now easier for musicians to reach an audience, but more difficult to support their livelihood. Most music fans see little reason to purchase access to the songs they love, while record labels have largely withdrawn from supporting emerging talent and have taken a particularly stingy approach to the division of the revenue, increasingly from digital distribution, that remains. The net effect is to squeeze the creators and dampen the prospects for professional musicians.
Journalism reflects another increasingly pathological ecosystem, in which the prospects for professional news gatherers and commentators are growing bleaker by the day. Perhaps bloggers and citizen journalists will fill some of the void, but the risks of displacing a Fourth Estate comprised of experienced and professional journalists raises serious societal concerns. This presentation will illustrate these patterns and explore the challenges of copyright policy in the digital age.
