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Copyright
and Intellectual Property in the Age of the Internet |
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Among
the most frequently voiced concerns I hear in my seminars concerns
unauthorized copying. If the Internet makes it so easy to download
material and make high-quality copies, aren’t designers
just “giving it away” when they place their work
on Web sites? What will prevent competitors from stealing or
misrepresenting your work as their own? Couldn’t developers
and builders copy your designs and use them elsewhere without
your knowledge or consent? Doesn’t that present a potential
liability issue for the designer?
The economic concept of information goods is a useful way of considering
any form of professional expertise for hire. Information goods have the following
characteristics:
-
Information
is costly to produce and cheap to reproduce.
-
Once
the first copy is produced, most costs are “sunk” and
can’t be recovered.
-
Multiple
copies can be made at roughly constant cost regardless of
volume.
Virtually
all creative content can be digitized even if it was not initially
created on a computer, and the Internet has become the primary
distribution channel for every kind of digital material, including
architectural design. It seems that creative content has become
far more liquid and dematerialized. The Internet has dramatically
reduced the cost and increased the ease of distribution of
electronic information of all kinds. It allows perfect copies
of digital material, legal or illegal, to be made at virtually
no expense. You cannot stop illegal copying, and such copying
is now easier than ever. But if you have ever had your work
shown in the press (and designers love to see their work published),
you have already exposed it to illegal copying. For that matter,
the very act of building brings the risk of unauthorized copying
and of false claims of authorship. Increased exposure to illegal
copying is simply one of the costs of the digital age. But
while you may have exposed your work to the risk of copying,
you have brought it to a vastly larger audience than you ever
had before.
The Internet is not the first instance in which technology
has made copying easier and reduced the cost of distributing
information. When photocopiers
were first introduced, the publishing industry was highly alarmed at the
ease with which bootleg copies of books and magazines could be made. Before
videotaping became a household technology, the movie industry fought it tooth
and nail. The truth is that photocopying actually increased the demand for
books, and videotapes became a huge new revenue source for Hollywood. Why?
Because creative material must be experienced to be appreciated. By exposing
more people to your product, you are actually increasing your potential customer
base, even if you are giving away a sample of it. The software industry routinely
gives away demos and stripped-down versions of its products. By allowing
people to experience the software, they increase the demand for it. When
inexpensive videotapes became widely available, many more people started
watching movies. Far from being the threat to the motion picture industry
that Hollywood feared in the 1970s, the rise of home videos actually saved
the movie industry by enlarging its market. Are videos copied illegally?
Of course they are, but that has not prevented studios from making a fortune
from the legal copies. Similarly, software piracy actually drives part of
the demand for legal copies. Placing your software on people’s hard
drives is the surest way to create a demand for it. Most users would rather
try out software before buying it. If they don’t end up using it, it
really cost the software author nothing. And most people will gladly pay
for the software they actually use.
continued...
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