2 May 2013 | Middle East and North Africa
“Tunisians are clearly aware of the heavy responsibility they hold with regard to the future of democracy in the region. They do know that the entire world is watching carefully, that their success, or failure, will have a significant impact in the Arab world. It is here, indeed, that the democratic renewal of the Arab world is unfolding.”
— Journalist and human rights activist Sihem Bensedrine From the anthology, Fleeting Words, edited by Naziha Rjiba, published in cooperation with PEN Tunisia and Atlas Publications, with the support of Index on Censorship and IFEX.
(more…)
26 Apr 2013 | Newswire
Does copyright do more to enhance free speech than to stifle it? This question comes into sharp focus every 26 April on World Intellectual Property Day, which aims to “promote discussion of the role of intellectual property in encouraging innovation and creativity”.
This year’s theme is “Creativity: The Next Generation”. Debate around whether copyright encourages or actually hinders creativity has intensified in recent years as laws designed to address offline infringement have struggled to keep up with digital technologies and the internet. Also struggling to keep up are artists, most of whom have seen slower revenue streams due to mass online piracy of their work. Many copyright laws and treaties already exist or are in the works to protect artists and the broader intellectual property industry against digital piracy, but some of their implications for free speech are troubling.
The 1998 US Digital Millenium Copyright Act criminalised the production, distribution and use of tools that can circumvent digital copyright controls. It also limited the liability of internet service companies for their users’ copyright infringing activities if the companies agreed to implement notice and takedown procedures for copyright holders to seek redress.
Circumvention tools can be used for fair use activities that do not infringe copyright, making the criminalisation of tools without regard for intent potentially chilling in its broadness. Copyright holders from the recording and film industries also sometimes abuse notice and action systems by flooding them with bogus claims where fair use is clearly protected. The undue burden this places on service providers can encourage them to over-comply with requests in order to stay on the safe side of copyright laws. Such over-compliance can mean unnecessary censorship. The Centre for Internet and Society documented this to be the case in India, sending flawed takedown requests to seven web companies, six of which over-complied and removed more content than legally required under the country’s Information Technology Act.
Major companies including Google, Twitter and most recently Microsoft issue regular reports showing how many copyright removal requests they receive and comply with. Google received nearly 20 million URL removal requests on its search product alone last month, the majority of which came from copyright owners in the recording and motion picture industries and organisations that represent them. A big company like Google might have the resources to sort legitimate requests from the rest, but many small companies certainly do not.
A recent flurry of intellectual property bills and treaties on both sides of the Atlantic pose further challenges to freedom of expression. The Stop Online Piracy Act and PROTECT IP Act both failed in the US, and the European Parliament rejected the the Anti-Counterfeiting Trade Agreement in 2012 following global campaigns by internet activists and web companies opposed to their provisions. These bills and treaties have all been put on the backburner but run the risk of flaring up again if legislators move to push them forward a second time. The US bills would create a blacklist of websites accused of providing illegal access to copyrighted content, which could kick off a digital witch hunt from overprotective copyright holders that wish to censor sites even in cases of fair use. ACTA aims to shift the current IPR debate from international fora to secretive backrooms. It would also increase intermediary liability, making websites more responsible for user activity and more likely to restrict users’ online expression.
Important to note is that many people simply don’t understand copyright, causing them to unknowingly break these laws. About half of participants in a recent survey were confused about the legality of uploading and downloading copyrighted materials online. Major prosecutions, including that of a US woman who was fined $1.9 million for illegally downloading 24 songs in 2009, have increased awareness of copyright laws and their sometimes disproportionate consequences. A new Copyright Alert System in the US aims to do the same, relying on ISPs to voluntarily slow down internet speeds for users who regularly pirate copyrighted content.
Legal reforms and public knowledge alone will not stop pirating. Artists who have traditionally relied on rich patrons, governments and organised industries to bring their work to fruition are experimenting with new funding and marketing models to meet online challenges and to take advantage of new opportunities. Small donations from more than 3 million people on the crowdsource funding platform Kickstarter have financed more than 35,000 creative projects, bringing in $500 million in the past four years. Many musicians are also shifting their business focus from singles to concert sales, an experience that cannot yet be replicated online and that many fans are still willing to pay for.
Artists need to eat, and pirates should be punished. But for this to happen, copyright laws and their enforcement should to be just and proportionate and new funding models for creative industries should be pursued. Perhaps next year’s World Intellectual Property Day theme should focus on reforming copyright laws and exploring new business models to safeguard the next generation’s creativity and freedom of expression.
26 Apr 2013 | Uncategorized
Does copyright do more to enhance free speech than to stifle it? This question comes into sharp focus every 26 April on World Intellectual Property Day, which aims to “promote discussion of the role of intellectual property in encouraging innovation and creativity”.
This year’s theme is “Creativity: The Next Generation”. Debate around whether copyright encourages or actually hinders creativity has intensified in recent years as laws designed to address offline infringement have struggled to keep up with digital technologies and the internet. Also struggling to keep up are artists, most of whom have seen slower revenue streams due to mass online piracy of their work. Many copyright laws and treaties already exist or are in the works to protect artists and the broader intellectual property industry against digital piracy, but some of their implications for free speech are troubling.
The 1998 US Digital Millenium Copyright Act criminalised the production, distribution and use of tools that can circumvent digital copyright controls. It also limited the liability of internet service companies for their users’ copyright infringing activities if the companies agreed to implement notice and takedown procedures for copyright holders to seek redress.
Circumvention tools can be used for fair use activities that do not infringe copyright, making the criminalisation of tools without regard for intent potentially chilling in its broadness. Copyright holders from the recording and film industries also sometimes abuse notice and action systems by flooding them with bogus claims where fair use is clearly protected. The undue burden this places on service providers can encourage them to over-comply with requests in order to stay on the safe side of copyright laws. Such over-compliance can mean unnecessary censorship. The Centre for Internet and Society documented this to be the case in India, sending flawed takedown requests to seven web companies, six of which over-complied and removed more content than legally required under the country’s Information Technology Act.
Major companies including Google, Twitter and most recently Microsoft issue regular reports showing how many copyright removal requests they receive and comply with. Google received nearly 20 million URL removal requests on its search product alone last month, the majority of which came from copyright owners in the recording and motion picture industries and organisations that represent them. A big company like Google might have the resources to sort legitimate requests from the rest, but many small companies certainly do not.
A recent flurry of intellectual property bills and treaties on both sides of the Atlantic pose further challenges to freedom of expression. The Stop Online Piracy Act and PROTECT IP Act both failed in the US, and the European Parliament rejected the the Anti-Counterfeiting Trade Agreement in 2012 following global campaigns by internet activists and web companies opposed to their provisions. These bills and treaties have all been put on the backburner but run the risk of flaring up again if legislators move to push them forward a second time. The US bills would create a blacklist of websites accused of providing illegal access to copyrighted content, which could kick off a digital witch hunt from overprotective copyright holders that wish to censor sites even in cases of fair use. ACTA aims to shift the current IPR debate from international fora to secretive backrooms. It would also increase intermediary liability, making websites more responsible for user activity and more likely to restrict users’ online expression.
Important to note is that many people simply don’t understand copyright, causing them to unknowingly break these laws. About half of participants in a recent survey were confused about the legality of uploading and downloading copyrighted materials online. Major prosecutions, including that of a US woman who was fined $1.9 million for illegally downloading 24 songs in 2009, have increased awareness of copyright laws and their sometimes disproportionate consequences. A new Copyright Alert System in the US aims to do the same, relying on ISPs to voluntarily slow down internet speeds for users who regularly pirate copyrighted content.
Legal reforms and public knowledge alone will not stop pirating. Artists who have traditionally relied on rich patrons, governments and organised industries to bring their work to fruition are experimenting with new funding and marketing models to meet online challenges and to take advantage of new opportunities. Small donations from more than 3 million people on the crowdsource funding platform Kickstarter have financed more than 35,000 creative projects, bringing in $500 million in the past four years. Many musicians are also shifting their business focus from singles to concert sales, an experience that cannot yet be replicated online and that many fans are still willing to pay for.
Artists need to eat, and pirates should be punished. But for this to happen, copyright laws and their enforcement should to be just and proportionate and new funding models for creative industries should be pursued. Perhaps next year’s World Intellectual Property Day theme should focus on reforming copyright laws and exploring new business models to safeguard the next generation’s creativity and freedom of expression.
16 Apr 2013 | Newswire
Thangyat is a traditional form of entertainment performed for Burma’s New Year Thingyan Water Festival (taking place this week), made up of chanted satirical sketches with dance and percussion. The performances highlight all the things that went wrong in the past year, in the hope of avoiding repeating the same mistakes in the year to come. Thangyat was banned by the military government after the uprising in 1988 and was kept alive in exile before being allowed back last year.
Thangyat troupes, which can be up to 70 people strong, compete for cash prizes in heats leading up to the festival. The finalists perform on the main stage and the winner is announced on New Year’s Day. This year Sky Net, a new independent TV company, has sponsored the Thangyat competition and will broadcast it nationwide.
— The first day of this year’s Thingyan Water Festival and Myanmar new year – Thet Htoo / Demotix
Sky Net required all participating teams to submit their scripts or videos of their work so they could vet the material. Index met members of one troupe that had been banned from taking part.
The performers we met from the banned troupe believed Sky Net was more sensitive to political satire than the government, and were shocked and angry at being excluded. They thought that they had been banned for the generally political nature of their performance, rather than because they ventured into particular no-go zones. The troupe is going ahead with their performance anyway but their shows will not be broadcast; they are making their own documentary instead.
In Mandalay pre-censorship remains in the hands of city authorities and when I was there earlier in the week the first ever all-woman Thangyat ensemble was waiting to hear back from the censors. The women are teachers and students from a college in the city who have formed a group to preserve Burmese traditions — in particular traditional dress for women.
I was lucky enough to see an early rehearsal of this group, which took place in a monastery in a strange wilderness district of the city where huge, gated mansions mainly built for the Chinese buyers, are springing up around the monastery compound. The women, accompanied for the rehearsal by two percussionists, were working in an ornate communal building without walls and very young monks crowded in to hear the women rehearse.
Their performance is a passionate litany of biting satire that highlights the threats to Burmese culture, traditional life-style, and environment from business interests, with Chinese influence particularly targeted. The contentious Letpadaung Copper Mine, deforestation and the suspended Myetsone damn project were all targets. I heard that they are determined to perform their show as it is, whatever the censors say.
That Thangyat will be part of the celebrations again after 25 years is a sign of the times — and reveals the opening up of space for freedom of expression in Burma. But the fact that the comeback is being so closely scrutinised by both political and corporate interests illustrates the power of Thangyat to hit where it hurts.
As government pre-censorship is to some extent loosening its grip on arts and entertainment in Burma, as it appears to be, it is interesting to see corporate censorship stepping comfortably into its shoes. And as corporate censorship is a global phenomenon, it is something that artists all over the world, not just here in Burma, are increasingly concerned about.
