Information Design TrendsUnit Seven: Information Privacy & ProtectionLecture 1: Intellectual Property and Content Protection

Intellectual PropertyAn intellectual property is any product of the human intellect that is unique, novel, and unobvious (and has some value in the marketplace): an idea invention expression or literary creation unique name business method industrial process chemical formula computer program process presentation

Should IP Be Protected?“Information is different.”Information creation and consumption is not necessarily a zero-sum game.Uncompensated consumption will often diminish the incentive to produce.

Laws or Locks?There are two fundamental approaches to Intellectual Property Protection. The traditional protection of law that

defines an area where others should not enter and punishes those who do.

A technological fence that blocks the unauthorized from entering or accessing.

The optimal solution will be a mix and balance of the two.

FAIR USE IN AN ONLINE WORLD

The primary objective of copyright is not to reward the labor of authors, but “[t]o promote the Progress of Science and useful Arts.” To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art.

— Justice Sandra Day O'Connor (Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 349 [1991])

Factors Determining Fair-use1. The purpose and character of the use,

including whether it is intended for commercial or nonprofit use.

2. The nature of the copyrighted work. 3. The amount and substantiality of the

portion used in relation to the copyrighted work as a whole.

4. The effect of the use upon the potential market for, or value of, the copyrighted work.

Digital Rights Management

DRM comprises technologies and techniques that secure digital materials and limits access to only those with the proper authorization. A complete DRM solution must facilitate and track any transactions involving the content you wish to protect. Microsoft is the current leader in DRM solutions.

The DRM ProcessMost DRM solutions carry out IP protection functions by means of encryption, keys, and licenses.