Course Description

E-Books, YouTube & More:
Innovation & Creativity on the Internet

It is hard to imagine the world before the Internet, before you could immediately access information about any subject from diverse sources around the world, before you could shop for books, cars and homes from your kitchen table, before you could download books onto your e-reader, or find nearly any song ever recorded the moment you want, or waste time watching YouTube videos. But recall that the Netscape browser, which essentially enabled the commercial Internet and text-based websites and search, was launched less than 20 years ago. Streaming digital audio was introduced less than 15 years ago, peer-to-peer file sharing of content – courtesy of Napster – less than ten. Google emerged as the dominant search tool just 5 years ago, YouTube was launched in 2005 and Facebook began to gain traction a mere two years ago, back in the days when a tweet was something only birds could do In the last several months we have watched the rapid success of new media and communication tools like Twitter and Hulu, while traditional (aka “old”) means of delivery, such as newspapers, are fighting for survival in a digital world.

The speed at which innovation and creativity, driven by individuals not just large companies, is occurring is mind-boggling, and it will not slow down. Well, some would argue, that it can only be slowed by corporate interests, using the existing legal regime, to protect current business models involving control of intellectual property from the threat posed by innovation and creativity. Others suggest that it is only because of these legal regimes that innovators and entrepreneurs have the ability to create new models with a clear understanding of the risks and rewards they will enjoy.

As a result, one of the most visible, challenging and inherently interesting debates law, policy and business today emerges around the question of who owns and has the right to control intellectual property and content in the digital ecosystem today, and the relationship to ownership and control of that content to innovation in society. Simply put, many are asking whether copyright is the enemy of innovation in the digital world, or not.

These are not new questions, but their implications and the ways in which the answers may evolve in the future are changing. Important cases such as Napster and Grokster, among others, have set some standards for us to follow – for now. But in more fundamental ways, practical questions surrounding the use and control of videos, music, pictures and text online are far from resolved, and the early case law surrounding these emerging questions only form part of a larger puzzle. There are policy questions, business standards and even social practices that eventually will define the ownership, control and access to content and information distributed through the Internet.

The emergent “grand debate” in the “creativity 3.0” world is whether in this era of new technology, tools and platforms for distributing media, the current legal vehicles and standards of copyright are adequate to continue the long-standing constitutional balancing between protection and reward to the creator, and the public’s interest in knowledge and access.

This course will examine different stakeholders’ points of view on this important debate, with the goal of developing some rationale and defensible outcomes, and a way forward for both creators and technology innovators.

While we will require some case readings, our focus will be more on policy discussions, practical business analyses and press coverage on this topic. We will spend a significant amount of time trying to understand the business interests and risks, and understanding some of the practical issues lawyers and law students often ignore. To that end, guest speakers may participate. .

There will be no exam. Instead, we will divide the course into teams reflecting different “stakeholders” in the creation, ownership and distribution of content and information over the Internet, and each team will prepare a presentation or proposal to be presented in the class. Active participation by the class also is required.

We will meet once each week. Attendance is required.