Introduction to IP: Crash Course Intellectual Property #1

Summary

This Crash Course miniseries introduces Intellectual Property (IP), exploring its importance and controversies. Host Stan Muller discusses the tension between the value of information and the desire for it to be free, highlighting the historical context and modern challenges of IP law. The video delves into the pervasive presence of IP in daily life, from YouTube videos to software patents, emphasizing the need for a balance between incentivizing creativity and enabling information sharing. It sets the stage for deeper discussions on copyrights, patents, and trademarks in our increasingly digital world.

Takeaways

• 📚 Intellectual Property (IP) is a concept that has been debated for its legitimacy, with some arguing it restricts the free flow of information and ideas.
• 🤖 The tension between the value of information and the ease of its dissemination is highlighted by Stewart Brand's quote, emphasizing the ongoing struggle between exclusivity and accessibility.
• 📈 As technology advances, the importance and value of information increase, yet controlling its distribution becomes more challenging, affecting the perceived value due to supply and demand.
• 📚 Historically, new technologies have always posed challenges to intellectual property laws, from the invention of the book to modern digital technologies.
• 🛰️ The balance between promoting the sharing of information and incentivizing the creation of new works is a central issue in intellectual property discussions.
• 🌐 Intellectual property is pervasive in the digital age, affecting nearly every aspect of online content creation and consumption, including copyrights, patents, and trademarks.
• 🎵 Copyright covers a wide range of creative works, such as videos, music, and even comments posted by users, which are protected under various laws.
• 🔄 Patents protect inventions and technological advancements, including software and hardware components, which are integral to the functioning of digital devices.
• ™ Trademarks are used to identify and protect brands, logos, and slogans, which are crucial for brand recognition and consumer trust.
• 🤝 The enforcement of intellectual property often relies on legal agreements, contracts, and takedown notices to maintain the rights of creators and inventors.
• 🚫 Intellectual property laws are most noticeable when they restrict activities, such as takedowns for copyright infringement or legal actions against unauthorized uses.
• 📝 Understanding intellectual property is essential for both consumers and creators in the digital age, as it impacts how we engage with and create content online.

Q & A

What is the main topic of the Crash Course miniseries introduced in the script?

The main topic of the Crash Course miniseries is Intellectual Property.

What is the argument presented against the concept of Intellectual Property in the script?

The argument against Intellectual Property is that it is seen as illegitimate because it locks up the world of science and arts, allowing corporations and other gatekeepers to control what we know and think, which contradicts the idea that 'Information wants to be free'.

What is the full quote attributed to Stewart Brand regarding information and its value?

Stewart Brand's full quote is: 'On the one hand Information wants to be expensive, because it's so valuable. The right information in the right place just changes your life. On the other hand, information wants to be free, because the cost of getting it out is getting lower and lower all the time. So you have these two fighting against each other.'

How does the script describe the tension between intellectual property and technology?

The script describes the tension as a fight between the value of information due to its importance and the decreasing cost of disseminating it, which is exacerbated by advancements in information technology making sharing easier but controlling harder.

What historical example is given in the script to illustrate the challenges technology has always presented to intellectual property?

The script references Socrates and Plato's 'Phaedrus' which criticized the advent of books, arguing they would implant forgetfulness in human souls by ceasing to exercise memory.

What is the script's stance on the balance between promoting information sharing and respecting creators' rights?

The script suggests that the challenge is not choosing between devaluing intellectual talent or devaluing information sharing, but rather finding a balance that promotes both the sharing of information and the production of creative works and inventions.

What are the layers of Intellectual Property present on a typical YouTube page according to the script?

The layers of Intellectual Property on a YouTube page include copyrights on the video, website, theme song, and comments; patents on video streaming technology and computer components; trademarks on logos and products; and trade secrets like search algorithms.

What is the script's definition of intellectual property?

The script defines intellectual property as nonphysical property that stems from, is identified as, and whose value is based on an idea or some ideas, with elements of novelty, and that is fixed into a form and location accessible to humans.

How does the script differentiate intellectual property from real property?

The script differentiates intellectual property from real property by stating that intellectual property is limited in duration and scope, and includes exceptions like fair use and experimental use to serve the primary objective of promoting the progress of science and useful arts.

What are the three main branches of intellectual property that the script mentions?

The three main branches of intellectual property mentioned in the script are copyrights, patents, and trademarks.

Why is it important for individuals to have a basic understanding of intellectual property according to the script?

It is important for individuals to have a basic understanding of intellectual property because it is increasingly relevant in a digital age, and understanding IP can help both consumers and creators navigate the legal and practical aspects of protected content.

Outlines

00:00

🤔 Introduction to Intellectual Property Debates

The script opens with a playful scenario where Stan Muller, the host, interacts with his past self, highlighting the common skepticism towards intellectual property (IP). The conversation touches on the idea that IP might be outdated and irrelevant, and the famous quote 'Information wants to be free' is discussed, which was originally used to argue against the constraints of IP laws. The script emphasizes the tension between the value of information and the ease with which it can be shared in the digital age, setting the stage for a deeper exploration of the topic in the miniseries.

05:02

📚 The Impact and Relevance of Intellectual Property

This paragraph delves into the pervasive influence of intellectual property in daily life, using examples such as YouTube's layered IP, including copyrights on videos, software, and trademarks. It discusses the balance between sharing information and respecting the creators' rights. The script also humorously covers the various forms of IP encountered in everyday situations, such as cease-and-desist letters and digital rights management issues. The paragraph concludes with a call to understand IP, regardless of one's stance on it, due to its increasing relevance in a digital world.

Keywords

💡Intellectual Property

Intellectual Property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce. In the video, it is the central theme, discussing its legitimacy, history, and impact on society, including the tension between the desire for free information and the need to protect creators' rights.

💡Copyright Infringement

Copyright infringement is the use of copyrighted material without permission from the copyright holder, violating the rights granted to the creator. The script humorously alludes to this with the mention of downloading Chumbawumba records over a dial-up connection, reflecting the ongoing debate about the ethics and legality of sharing intellectual property.

💡Information Wants to be Free

This phrase, attributed to Stewart Brand, encapsulates the idea that information should be freely available and not restricted by intellectual property laws. The video discusses this concept as a counterpoint to the need for IP protection, highlighting the ongoing conflict between open access and creators' rights.

💡Supply and Demand

Supply and demand is an economic principle that describes the relationship between the availability of a product and the desire for it. The script uses this concept to explain how the value of information can decrease as technology makes it easier to copy and disseminate, challenging the traditional IP protection model.

💡Copyright Act

The Copyright Act refers to legislation that grants exclusive rights to creators of original works. The script mentions the 1909 Copyright Act in the context of new technologies like the piano roll, illustrating how IP laws have evolved in response to technological advancements.

💡Trademark

A trademark is a recognizable sign, design, or expression that identifies products or services of a particular source from those of others. The video uses YouTube and Tums as examples of trademarks, emphasizing the ubiquity of IP in everyday life and its role in branding and marketing.

💡Patent

A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period. The script mentions proprietary video streaming technology and components in computers as examples of patented items, showing the importance of patents in protecting inventions.

💡Trade Secret

A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information that is used in business and gives the business an advantage over competitors who do not know or use it. The script refers to a search algorithm as a trade secret, illustrating how companies protect their competitive edge.

💡Right of Publicity

The right of publicity is the right of an individual to control the commercial use of their name, image, or likeness. The video humorously mentions the presenter's appearance and marketing of commemorative mugs as an example of the right of publicity, highlighting the personal control over one's public image.

💡Fair Use

Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the copyright holder, typically for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. The script uses the example of a book reviewer quoting a novel to explain how fair use can promote public discourse.

💡Digital Rights Management

Digital Rights Management (DRM) refers to technologies and legal restrictions used by publishers, copyright holders, and individuals to control the use of digital content and devices after sale. The script mentions DRM software preventing iTunes downloads on a Zune, illustrating the practical implications of DRM on consumer use of digital media.

Highlights

Introduction to the miniseries on Intellectual Property with questions about its legitimacy.

Discussion on the tension between the desire for information to be free and the need for intellectual property rights.

The full quote from Stewart Brand about the cost of information and its impact on intellectual property.

The historical context of intellectual property, including Socrates and Plato's views on the advent of books.

The evolution of copyright law in response to new technologies like the piano roll, photocopier, and the Internet.

The false dichotomy between valuing intellectual talent and the capacity for information sharing.

The importance of balancing the promotion of information sharing with the protection of creative works and inventions.

The pervasive presence of intellectual property in daily life, especially in the digital age.

Analysis of the intellectual property involved in a typical YouTube video and its components.

The role of patents in technology, such as video streaming and computer components.

Trademarks and their presence in everyday items and online platforms like YouTube.

The concept of trade secrets, such as search algorithms, and their importance in business.

The impact of intellectual property on consumer and creator rights, including fair use and experimental use exceptions.

The primary objective of intellectual property law: to promote the progress of science and useful arts.

Overview of the three main branches of intellectual property: copyrights, patents, and trademarks.

The relevance of understanding intellectual property in a increasingly digital world.

The production of Crash Course and the invitation for viewers to support the series on Patreon.

Transcripts

Hi, I'm Stan Muller. This is Crash Course and today we begin our miniseries on Intellectual Property.

Hey, isn't the entire concept of Intellectual Property illegitimate?

I mean, how can we justify locking up the world of science and arts so corporations, publishing houses

and other gatekeepers can control what we know and what we think! Information wants to be free, man!

Hey, me from the past! There's a Stan from the past! This is great!

Stan: Hey! Me from the past! There's a Stan from the past, this is great!

Anyway. I can tell by looking at your vacant and bloodshot eyes that you've been up all night

downloading Chumbawumba records over a dialup connection. I remember those days,

and I remember desperately trying to cling to any ethos that justified your rampant copyright infringement.

That is if you ever participated in such activities. And even if you had participated in said infringing

activities, the statute of limitations has likely run out. I don't even know what LimeWire is!

[Theme Music]

I like how this is getting started, because Stan from the past raises some interesting points!

There's a good chance that he, and a lot of you watching this video, might think

about aspects of Intellectual Property as outdated and pretty much irrelevant.

Maybe lots of you don't think of it at all!

That line, "Information wants to be free", has been used to argue that current intellectual

properly laws are outdated, over-broad and generally awful.

The quotation is attributed to Stewart Brand and he said this to a group of computer programmers in 1984.

"On the one hand Information wants to be expensive,

because it's so valuable. The right information in the right place just changes your life.

On the other hand, information wants to be free, because the cost of getting it out is

getting lower and lower all the time. So you have these two fighting against each other."

The full quote, which you hardly ever hear,

actually spells out the major tension between intellectual property and technology quite well.

And it did it more than 30 years ago, when the digital age was just beginning. As information

technology becomes more and more pervasive and important in our day-to-day lives in the

information society, information itself becomes exponentially more important and more valuable.

Paradoxically, as our information technology improves, and as our computers and connections

get better and faster, and sharing becomes easier, we're less able to control the copying

and dissemination of this incredibly valuable information. The law of supply and demand

pushes down the information's value. This tension is nothing new.

Technology, especially in the context of copyright law, has always presented challenges.

Socrates's and Plato's 'Phaedrus' bemoaned the advent of books, arguing that they "will

implant forgetfulness in [human beings'] souls; they will cease to exercise memory because

they rely on that which is written, calling things to remembrance no longer from within

themselves, but by means of external marks."

One way that humans have attempted to deal with these new technologies, with varying

success, is by passing laws. The scourge of the piano roll was contemplated in the 1909 Copyright Act,

the photocopier in 1976, and the Internet was covered in the 1998 Digital Millennium Copyright Act.

But we're going to try to avoid this simplified intellectual property versus technology binary.

The idea that we have to choose between devaluing the fruits of intellectual talent and labor,

or devaluing the revolutionary information sharing capacity of our networks, is wrong-headed.

The more interesting and more difficult question is how we can strike a balance; how we can

incentivize and promote this revolution in the way we share information, while at the

same time incentivizing and promoting the production of creative works and inventions

by having respect for the human beings that actually created them.

The difference between today's debates and those that took place 100 years ago is that

intellectual property pervades our lives more and more every day.

This is especially true for anyone viewing this video. I know that about 90% of you view

Crash Course in a web browser, so consider the layers of IP in this very YouTube page.

A lot of what you're looking at is covered by copyright. This video, for example, is

covered as a motion picture work. The website itself is considered a literary work.

The Thought Bubble, the theme song, and the video you watched right before this one, all

have copyright protection. The software that streams the video is also a literary work.

The web browser you're using is most likely registered as a computer program, as is the

operating system. Lest you Linux weirdos think that you don't have a copyright on your OS:

You do. You're just not enforcing it.

Even your comments could be covered by copyright. That haiku you just posted:

"Who is this person? What happened to Mr. Green?

Dislike. Unsubscribe."

That's copyright-able! When you agreed to this [image of YouTube user agreement],

you granted YouTube a worldwide, perpetual, non-exclusive license to use your content in any way they see fit.

There are also patents in play here. There's proprietary video streaming technology, and

many of the components in your computer are patented. But wait! There's more!

YouTube is a registered trademark, and if you saw an ad before this video, there was

most likely a trademark in there. This is a trademark

and under this sticker is an image of a piece of fruit, also a trademark.

And behind the camera, our most precious and valuable mark, Mark Olsen. Mark Olsen, everybody!

The search algorithm that got you here? That's a trade secret. My appearance in this video,

and subsequent marketing of commemorative mugs with my likeness fixed on each one- that

implicates my right of publicity.

If you're watching this on an iPhone or an Android, there's a whole other world of copyrights and patents that apply.

When you start to deconstruct it like this, it's dizzying. But despite all this complexity,

most of the time the system moves along with a fluidity that sometimes makes it easy to

put it out of your mind. Kind of like the internal functioning of your digestive tract.

But it's there. Always there. Gurgling and churning and functioning. Did anybody order lunch?

Now most of this fluidity and seamlessness is borne on the back of hundreds or thousands

of lawsuits, many of them against Google, thousands of pages of intricately complex

contracts, and hundreds of millions of take down notices.

The point is that none of us, or very few of us, can go about our daily lives without

being impacted by intellectual property. It's only when it hits home, like when you receive that

cease-and-desist letter from a trademark attorney for opening a restaurant called Burger Queen,

or digital rights management software stops you from listening to your iTunes downloads on your Zune.

Maybe your YouTube video gets taken down because of that T-Swizzie song in the background

(that's what the kids call Taylor Swift).

Maybe you get a letter from your internet service provider, informing you that someone

using your account has downloaded every episode of Game of Thrones and that if it keeps up

you may be fined or imprisoned- or beheaded! That's when it flares up.

Flare up! God, are we still on the digestive tract metaphor? Somebody get me a Tums. Tums,

by the way, registered trademark of the GlaxoSmithKline group of companies.

Most of us encounter IP only on its borders.

We hear horror stories about the motion picture and recording industry suing grandmothers.

We watch those unskippable FBI messages warning us about the consequences

of copyright infringement, or we complain about paying thousands of dollars per pill for medicine.

We tend to encounter intellectual property law in places where we, as users, are basically

being told 'no'. And being told 'no' over and over again is irritating, especially when

these "no's" don't seem to make any sense. And they're really irritating when they come

with threats of fines or imprisonment.

So in this course we're going to focus less on enforcement and the "no's" and more on

the part of intellectual property that often says 'yes', 'sometimes', 'maybe', 'it is certain',

or even 'ask again later'.

I'm speaking, of course, of the "Liquid filled die agitator containing a die having raised

indicia on the facets thereof", registered as patent US 3119621, which you might know as the Magic 8-Ball.

Before we get too far, we should probably define intellectual property. This is going

to get pretty abstract, so let's go to the Thought Bubble.

The theoretical definition of intellectual property would begin by saying that it is:

"Nonphysical property that stems from, is identified as, and whose value is based on an idea or some ideas."

There has to be some element of novelty; the thing that we describe as intellectual property

can't be commonplace, or generally known, in the society where it's created, at the

time that it becomes property. You can't claim that you invented the wheel or that you wrote Moby Dick.

Even though the source material for all IP is social -- the inputs are our education, our

human interactions, and basically all the sensory data around us that we take in -- the

thing that we call 'IP' is the product of us putting together all these social inputs

into something that we're gonna call "the idea".

"Only the concrete, tangible, or physical embodiments of the idea are protected by intellectual property law."

The idea has to be fixed into a form and location in which humans have access to it. That could be a novel,

or a logo, or a liquid filled die agitator containing a die having raised indicia on the facets thereof.

Thanks, Thought Bubble. So in its purest and best form, IP is the propertization of intellectual effort and talent.

In its most corrupt and worst form, intellectual property can be, and has been

used by the propertied and powerful to protect concentrated markets and broken business models.

At its very worst, it can be used a a censorship tool.

Intellectual property differs somewhat from real property like cars or houses because

it's limited in duration and scope. For example, copyrights last for the life of the author plus 70 years.

Copyrighted works can be copied under the fair use exception for certain personal or

publicly beneficial uses. Let's say a book reviewer quotes long passages of a novel,

then pans the book. It's likely the author of the book wouldn't grant permission for

this type of use. But we want to encourage informed public discourse. So there's a good

chance it would be found to be a fair use.

Patent laws carved out a limited experimental use exception that permits minimal use of

a patent for amusement, to satisfy idle curiosity, or for strictly philosophical inquiry.

Again, the patent owner probably wouldn't like this, but the law wants to encourage individual

tinkering. Both these limitations exist to serve the primary objective of intellectual

property: that's to promote the progress of science and useful arts by increasing our stock of knowledge.

So in this series, we're going to focus on the 3 main branches of intellectual property:

copyrights, patents, and trademarks. We won't have time to get into some of the lesser cousins

of the family like trade secrets or the right of publicity, but all of these are included

under the umbrella of intellectual property.

So in the coming weeks we're going to try to get at some of the nuts and bolt of what

intellectual property is, because like it or not, IP is only going to become more and

more relevant as our lives become more and more digital.

So regardless of what or how you feel about any aspect of IP, it's probably a good idea

to have some basic knowledge of it. It doesn't matter if you're a consumer or a creator of

protected content or both. Is understanding IP going to help you?

You may rely on it. See you next week.

Crash Course: Intellectual Property is filmed

in the Chad and Stacey Emigholz here in sunny Indianapolis, Indiana, and it's made with

the help of all of these nice workers for hire.

If you'd like to help us make Crash Course in a monetary way that doesn't imply any ownership

in the final work, you can subscribe at Patreon, a voluntary subscription service where you

can support Crash Course and help make it free for everyone forever. You can get great perks,

but the greatest perk of all is the satisfaction of spreading knowledge. Right? So thanks for watching.

We'll see you next week.