session 12. google book search. overview of the course's main topics and key issues. exam info. Q&As

As the end of the course draws nearer, there are a number of issues that need to be addressed. This forthcoming session will in this sense be a rather miscellaneous one. We will firstly take up some of the emerging challenges and opportunities for contemporary media law (left over from the last session) and discuss in some detail the google book search project, the legal and policy issues surrounding it. We will then proceed with a brief overview of the course's main topics and put them into perspective. The key lessons to be taken 'home' will be again elucidated.
We will then turn to some more practical issues and discuss in particular the parameters of the exam.
In the end, we will try to have sufficient time for questions and answers on the substance of the course, as well as on the exam. I will share with you my impressions and would be delighted to have your feedback too.

Here are the slides of session 12.

session 11. challenges and opportunities for contemporary media law

The changing media landscape, locally and globally, brings with it certain challenges and opportunities for law and for media law in particular. As we could repeatedly see, it is very often the case that the toolbox of media regulation has not been yet adjusted (or not appropriately adjusted) to the changed (and changing) environment of 'old' and digital media, of convergence, of new patterns of business and consumer behaviour and new modes of cultural content production, distribution and access.
There is a host of topics that would qualify as falling under the broad category of challenges and opportunities to media law. We will only be able to tackle a tiny bit of those.
With the purpose of balancing the overall contents of the course and addressing some issues that were not sufficiently discussed until now, we would take up some of the themes in the domain of copyright and at the intersection of intellectual property and media law. We will pay specific attention to the processes of expanding copyright at the national, regional and global levels, and at the so-called copyright wars against the so-called piracy. In this context, we will discuss what the repercussions of expanded copyright may be and whether creativity and innovation as the ultimate goals of intellectual property protection are properly served. We will also look at alternative ways of protecting authors' rights such as the creative commons licence, as well as at initiatives that pursue to set limits to the ever expanding copyright.
A case that could well exemplify the current state of the debates is the Google Book Settlement and we'll make use of it to situate our analysis in the broader framework of media, access to knowledge and media regulation meant to serve the public interest.

Reading materials:
Neil W. Netanel, Why Has Copyright Expanded? Analysis and Critique

Optional:




Here are the slides of session 11.

session 10. regulation for cultural diversity? pros and cons

The time for the second interactive session has come. We will discuss a topic that we already touched upon in all sorts of ways (in particular in session 8), namely: whether it is justified and in fact doable to regulate for the protection and promotion of cultural diversity? These questions are asked against the background of a globalised media landscape where we observe the emergence and use of multiple platforms and channels for expression and communication. Yet, it could be argued that many voices have been marginalised in this environment and local cultures, especially in developing countries, are increasingly lost or (mis)appropriated by powerful globally positioned media companies. On the other hand, one could argue that digital media could make the expression and distribution of such local voices possible and strengthen their cultural value and the identity of the communities and peoples creating them.
It is certain that the picture to be painted is complex and not one of black and white. This makes the discussion particularly interesting and leaves the outcome truly open. The winning party will be ultimately the one with better structured and presented arguments.

The rules of the game remain the same (see here session 5).
You have however the advantage that you already heard the presentations of your colleagues during the first interactive session and my comments on them.

The reading materials are few. They encompass basically the texts given for session 8, especially the first one on the list.
Those texts may have a slight bias towards arguments against cultural diversity regulation. Nonetheless, the other party arguing for cultural diversity regulation can make a strong case too. The lack of flexibilities within the WTO regime and the total disregard of cultural concerns are certainly the starting point there. The proliferation of mainstream content and homogenisation of media outlets possibly another good point to make. Also, the text of the Convention itself and other short documents made available on the thematic page of UNESCO on cultural diversity can help you win the case.
Optional reading with some good data is a chapter from the recent UNESCO World Report on Cultural Diversity.

I wish both parties good luck for the preparations and look forward to an interesting discussion next week.

Here as a brief follow-up of the debates, which were excellent, are my slides for session 10.

session 9. overview of the global intellectual property regime relevant to media

As previously announced, session 9 will be taken over by a guest lecturer - Dr Ingo Meitinger of the Swiss Federal Institute of Intellectual Property (Head Training and International Cooperation, Law and International Affairs Division; please find here a brief cv). As an expert in the field with profound understanding of the issues related to intellectual property (IP) protection and its regulation at the international level, Ingo will provide us with an overview of the global IP regime with particular attention paid to those provisions most pertinent to contemporary media.
I am most delighted that Ingo is joining our course and also confident that it would be a great experience for you to meet an expert with a background both in the fields of policy-making and international negotiations.

Reading materials:
Summary of the prevailing international treaties for contemporary media
Copyright in the digital age: Highway or dead-end?




Here are the slides of session 9.