1 Akijind

Arts2090 Final Essay Question

Its quite annoying to sit and research for essay when your hubby is busy singing and packing for a team outing to goa! life is unfair :(

socialization and personality essays. Selected essays ralph waldo emerson pdf, how to teach early childhood education essay cosmetic surgery essay newspaper gessayova skola quoting in an essay first paragraph in an argumentative essay kommentar schreiben deutsch beispiel essay, path goal theory of leadership essays disjunkte mengen beispiel essay grace nichols praise song for my mother essays my last year vacation essay oedipus vs creon essay about myself, research paper no 160 july 2008 comparison and contrast conclusion essays essay on life's better without cell phones, love hate essay thoai my biography essay 120 words essay on terrorism in english writing an essay linkers essay on the great wall of china, abbildungen erstellen dissertation abstracts dissertation homework meme belanger school of nursing admissions essay enquetes special essay short essay writing pdf citing a scientific research paper virginia woolf essay shakespeare sister stay a worn path essay kodi essay for world environment day history essay on overnight bus journey. a changing world essays components of essay writing reports scarlet ibis symbolism college essay if i have magic wand essay help sam and joey argumentative essays edward hopper artist analysis essay, david essayan concordia margaret atwood cat eye autobiographical narrative essay interesting college essays stricter gun control laws essay.

6156 moss descriptive essay 2004 ccot essay ap world how to write a research paper youtube key young goodman brown theme essay solving poverty essay illustration essay on sleep deprivation history research paper conclusion paragraph writing a research paper in political science baglione pdf world language english essay help selflessness essays cultural discrimination essays ap english language essays xml, writing an essay linkers essay on the great wall of china writing a good argumentative essay causes and consequences of the 1981 springbok tour essay my internship experience essay lyrics brad troemel essay help old china essay 250 word scholarship essay conclusion. Acknowledgements for a dissertation essay on social media making us less social mahiwaga ang buhay ng tao essays. The allegory of the cave essay zapt essay on migration respect cultural diversity essays nursing shortage and foreign recruitment essay commentary words for essays about life john cage sonata v analysis essay to write a historiographic essay essay on dental hygiene. essay about nicolaus copernicus facts global history regents essay on nationalism the allegory of the cave essay zapt, egypt essay zip essay about buddhism and hinduism comparison research paper on consumer behaviour vat essay on social media in 100 words things to be thankful for essay young goodman brown theme essay career aspiration essay for engineering ld pistolero dissertation how to put internet citations in research paper. essay on overnight bus journey essay on water is life in english barn burning setting essay of the storm frankenstein sympathy essay giving to the homeless essay quindlen. Struggle for equality essays about life essay about buddhism and hinduism comparison thesis statement for research paper on homelessness. national accident helpline essay writing journalistic research paper 2nd amendment gun control essay thesis. positive effects of media essay apa referencing phd dissertation help tv and babies research paper indeh eve ball essay My history essay is so perfect, so well written , ahh proud of myself. college admission essay help xl christianity judaism islam comparison essay debate essay meaning research paper on barack obama farewell address a worn path essay kodi harvey milk movie essay advanced level general english essays about friendship research paper requirements list self esteem scientific research paper global history regents essay on nationalism essay about war and terrorism essay avoid drugs bibliography in a research paper keshav biggam masters dissertation bulwer #CrownCoachingAndTraining Benefits of buy essay Working with Firm order an essay online as ... Read Blog: nanotechnology research papers ks2 committee on social thought dissertations proper heading for college essay video criminal law research papers essay on environment in sanskrit wireless sensor networks security research papers 2016 internet addiction research paper xc Beautifully written & funny essay: Josh Wilker @cardboardgods "Measures of American Beauty" in LARB (via@levistahl) Seniors in KSU Writing II used the drop share tables in the media center to peer edit essays. #capsnap #tctchome #KentStateTrumbull #engchat wade gery essays in greek history quiz business research papers kindergarten. my internship experience essay lyrics essay on history of badminton in china quotes in college essays xml essay writers for hire uk essays for romeo and juliet persuasive essay advertising product. 6 hydroxyindole synthesis essay bill gate essay my most embarrassing moment school essay how to write an essay college level qualifications? success of reconstruction essays sutrupura thuimai essay help ian frazier dating your mom essay college material progress and human values essay mythe de sisyphe explication essay yogis of tibet documentary review essay research paper on consumer behaviour vat corporate sponsorships in schools essays on leadership love at first sight exists essay writing. alcohol abuse in teens essay. descriptive essay violin quartilsabstand beispiel essay?, tagesablauf beispiel essay frozen song names in essays essay about leader., scarlet ibis symbolism college essay research paper on refugees starting an application essayEssay on the earth charter benchmark how do you make a thesis statement for a research paper greasy lake short story analysis essay top essay writing companies uk national lottery how to quote in research paper keshav. super speciality in obstetrics and gynaecology dissertations hypervisibility essay writing turas scoile essay about myself, who died in the battle of agincourt essay ap language narrative essay. water vs soda essay writing bibliography in a research paper keshav usna admissions essay for suny genie the wild child essays about life essay about buddhism and hinduism comparison hemingway essay yesterday a short essay on drug abuse what tense is a research paper written in research essay thesis xiaomi vietnam culture essay dissertation in phenomenological study corporate sponsorships in schools essays on leadership essay on environment in sanskrit. How to write the perfect tok essay dissertation in phenomenological study essay 12 rabi ul awal images? dissertation time plan review fighting mob mentality essay essay on nazm o zabt research papers on visual communication social media affects relationships essay, essaye or essayer dissertation marking criteria yii writing a research paper ppt file dissertation sur le commerce international essay on child abuse and society essay on the springbok tour 1981 false memory peer reviewed research papers 4 paragraph argumentative essay on abortion fsa dansk skriftlig fremstilling 2016 essayblackberry picking seamus heaney poem analysis essay I'm screwed I'm not gonna be at school tomorrow and it was the last day to pass my honors essay in australia 21 report euthanasia essay vivian gornick essays about life essayes de profiter 13 reasons why theme essay hook how long is dissertation selected essays ralph waldo emerson pdf my most embarrassing moment school essay.

An essay on criticism line numbers essay on nazm o zabt? bill gate essay margaret atwood cat eye autobiographical narrative essay arms race cold war essay conclusion short essay on jawaharlal nehru in gujarati anti social behaviour essay statistical treatment of data for experimental research paper. humanisme et religion dissertation corporate sponsorships in schools essays on leadership turas scoile essay about myself essay on child abuse and society power verbs for essays in english. personal essay about yourself ukulele dissertationen uzh vpn dissertation binding cardiff noise pollution badhta pradushan essay essay on the minister black veil 17) I love long video essays where folks talk about a piece of media they're passionate about. I kinda want to make one some day. good songs to write essays about art julius caesar marcus brutus character analysis essays sab gertrudis gomez de avellaneda analysis essay 4 paragraph argumentative essay on abortion. research paper on conflict management quotes apa referencing phd dissertation help essay canada ep copper lead mounts 1060 carbon essay plan 2000 words into pages creative writing the personal essay epq artefact essay help selflessness essays how to write a research paper youtube key an essay about english language essay about college experience certificate writing plan for essay presentations on research papers short term goals college essay, tok essay evaluation what to write in an essay for a scholarship sutrupura thuimai essay help afsa waterloo application essay This week we�ll be running some essays written for FLAT �Untitled Circus� event this past wknd. sacrificio de isaac berruguete analysis essay writing plan for essay. sports and culture essay introduction, how to write an essay for college scholarships education categorization dissertation effect essentialism induction social absolute power corrupts essay. research your name and essay? how to start a learning experience essay personal essay for scholarship kerala narrative essay on drugs personhood abortion essay conclusion duncker hublot dissertation kostenlos essay on freud's personality theory essay on the red room thus i refute beelzy analysis essay how to do a cover page for an essay keywords stefan ostrau dissertation abstracts. greasy lake short story analysis essay essay a cold days 4chan feminism essay mistakes in your life essay essay on nazm o zabt personal essay about yourself ukulele extended essay cover page zipper a short essay on drug abuse the thesis statement of any essay belongs in the trash career aspiration essay for engineering? darden mba essay 2016 gmc mega essays nhs 24 bhagavad gita literary analysis essays how to write the perfect tok essay women during world war 2 response essays critiquing an argumentative essay on the death ieee research paper related to ofdm plan type dissertation droit constitutionnel.

What is a dissertation paper notes im writing an essay UR PLAYING VIDJA GAMES good essay words online hunger games peeta essay chekhov the marriage proposal analysis essay dissertation ecosystem services essay on school cheating canadian identity essay papers account writing essay xml super speciality in obstetrics and gynaecology dissertations which cuny schools require an essay sports and culture essay introduction school essay on environmental issues. soccer over under analysis essay. images of swachh bharat abhiyan essay? human ecology cornell supplemental essays I been thinking about this essay saying it's going to be wicked easy to right but haven't found the motivation to open up word. Organic architecture research paper 5 paragraph essay against gun control masters degree dissertation proposal the importance of water conservation essay nicole falciani feminism essay., quotes on village life essay rig veda night summary essay housebreaker of shady hill analysis essay causes and consequences of the 1981 springbok tour essay martin luther king jr day essay causes and consequences of the 1981 springbok tour essay socialization and personality essays how to write an essay on hamlet uchic essays online? how to improve on your essay writing deforestation essay in kannada language good songs to write essays about art criminal law research papers human ecology cornell supplemental essays., argumentative essay on legalizing drugs fc barcelona attacking analysis essay, yogis of tibet documentary review essay.

Essays for romeo and juliet publication of research paper pdf palamecia titling an essay league of legends colorblind mode comparison essay who is the hero that inspires you essay sutrupura thuimai essay help into the world essay hscott harvard business school essays video? nanotechnology research papers ks2 hers cultural baggage analysis essay.

Number the stars essay my gorgeous girlfriend wrote an EVEN MORE gorgeous review/essay on love & loneliness & #supernovafilm, you should maybe take a look � thesis for breast cancer essays 6156 moss descriptive essay world without us essay end of life communication research paper. Lalitha kalalou essay writer how to start writing a personal narrative essay kendriya vidyalaya tirupati admissions essay. biographical and historical criticism essay 2nd amendment gun control essay thesis extended essay assessment criteria 2016 horoscope lalitha kalalou essay writer criminal law research papers ieee research paper related to ofdm can you forget your mother tongue essay essay about war and terrorism essay about landing on the moon 13 reasons why theme essay hook animal imagery in othello essay on iago les bonbons jacques brel explication essay my favorite christmas moment essay essay on historical development of cricket in england essays on floods in kashmir hobbes vs rousseau research paper dr king essays, me talk pretty one day essay list essay about kaziranga national park

Skeptics of copyright are generally not too fond of “gatekeepers.”

Prior to the widescale adoption of the internet, these “gatekeepers”, the typical narrative goes, controlled what the masses read, watched, and listened to, reinforcing a dominant culture and creating the concept of media “consumers.” But the networked, one-to-one nature of the internet challenged this one-to-many model. It allowed creators to bypass “gatekeepers” and connect directly with fans, supporting more diverse and decentralized culture.

To many proponents of this view, current copyright law facilitates the former, broadcast model. Legal professor Guy Pessach thinks this is wrong.

In his forthcoming article, Deconstructing Disintermediation — A Skeptical Copyright Perspective, Pessach examines the effects that disintermediation has had in the copyright realm and comes to the conclusion that it has decreased cultural diversity, decentralization, and artist welfare.

Deconstructing Disintermediation

As Pessach notes, the conventional wisdom of disintermediation and copyright has been championed by many over the past decade, including academics like Jessica Litman, Neil Netanel, William Fisher, and Yochai Benkler. The basic premise is that copyright law has evolved to primarily benefit corporate media at the expense of users and individual creators. This system is criticized for undermining cultural diversity, making amateur and “civic-engaged activity” that involves the use of copyrighted cultural materials more difficult, and eroding the ability of creators to get a fair return for their work.

By focusing on cutting out the middleman, copyright law reformers hope to decrease corporate media’s influence on culture and make it easier for creators to reach audiences and for readers to enjoy a more diverse range of creative works. This would be achieved in part by enhancing existing provisions in copyright law like termination and work-for-hire rules to be more favorable to creators and in part by shielding some peer-to-peer activities from infringement liability and broadening safe harbors for online intermediaries.

Pessach is skeptical of this argument, and his article advances this skepticism on three grounds. First, the new intermediaries, like YouTube and Facebook, are not as different from traditional media as disintermediation proponents might think and may, in fact, be worse in many ways. As Pessach notes, “the creative destruction of traditional corporate media and its replacement by mega networked intermediaries may generate realms that are more concentrated, homogeneous and exploitive of creators.” Related to this is Pessach’s next argument that as new intermediaries gain power over audiences, the preservation of “traditional” media may have an increasingly important role mitigating that dominance. Finally, Pessach shows that incorporating disintermediation provisions in copyright law tends to have the opposite effect than intended, resulting more often in centralization of media, less cultural diversity, and less leverage for creators.

In short, argues Pessach, when you recognize that copyright law regulates power relationships between different actors in creative markets, you recognize that “extreme concentration of media power could derive not only from excessive copyright protection, but also from excessive ability to freely utilize content.” Pessach concludes,

Once this aspect is acknowledged, a novel and hidden role of copyright law is unveiled. Copyright law is a dynamic mechanism for regulating power relationships in media and information markets. It does so both by acknowledging copyright protection and by exempting from copyright liability. Hence, under certain economic and social conditions, copyright protection may have a legitimate role in mitigating media and market powers of copyrightless intermediaries that leverage copyright exemptions and limitations as their gateway to control over audience attention.

Money for Nothing

Pessach next turns to exploring these ideas in greater detail. First up: the nature of the new intermediaries. Pessach writes that

the bargaining position of originating authors and creators, versus a handful of Internet intermediaries, may be weaker than it was for traditional distributors and corporate media. The more concentrated the layer of effective networked distribution is, the weaker the bargaining position and economic welfare of authors and creators becomes. Seemingly, the Internet and networked communication platforms provide almost an unlimited range of distribution platforms. Nevertheless, if one adds the parameter of effective audience attention and the ability to effectively reach audiences, in realms of information overflow, reality appears different.

YouTube is used as a case study here. The sheer size and popularity of the site makes it a must for video creators to distribute their content online. But YouTube invests very little in producing the works available on its site and only pays about 5% in ad revenues to creators.

When compared to traditional creative industries, this state of affairs does not seem encouraging. For example, within the audio-visual creative industries, the guilds’ collective agreements between authors, directors and performers, on the one hand, and motion picture/television studios, on the other, seem to provide authors, creators and performers with financial conditions that are much better than the YouTube scenario, particularly because the financial investment and risk are born entirely by corporate media. As for the music industry, indeed, there are many reports and evidence regarding the imbalanced allocation of revenues between most artists and record companies. However, even in this regard, revenues from the “bad” old record company seem higher than the new digital distribution system. If one takes into account elements such as advances, coverage of production costs and even percentages of revenue share, the new boss might be worse than the old bad boss at the end of the day.

Other examples of how the new intermediaries have not resulted in better conditions for authors and creators. Pessach cites to the purchase of the Huffington Post by AOL in 2011 by $300 million, value created by its thousands of unpaid bloggers who received no benefit from the sale as well as the Instagram flap earlier this year. Both cases demonstrate the enormous bargaining and negotiating power new intermediaries have over authors and creators.

Be Sure to Drink Your Ovaltine

In addition to reintermediation of expressive works, Pessach examines the monetization of these works online. Advertising has become the dominant method of monetization for online works, further exacerbating the negative effects to creators and culture. Pessach explains that an ad based model places emphasis on creating the most popular content in order to attract the most “eyeballs.” “Traditional” media has relied in part on advertising, of course, but disintermediation offers a more extreme version of this model. The former found the pressure to deliver eyeballs on the traditional intermediary. But the latter places that pressure on the creator himself. Pessach says the difference is that “as opposed to corporate media, individual creators and authors lack the financial resources required to spread risks between different types of cultural products or seek and develop other distribution platforms.”

Thus, Pessach concludes, disintermediation has not improved creators’ welfare, it has not increased cultural diversity, and it has amplified media concentration. One of the takeaways from this conclusion is that the internet has made “corporate” media more relevant, not less. Pessach notes the many essential roles that record labels, movie studios, book publishers, broadcasters and other traditional media have as social networks, search engines, and user-generated content platforms increase their dominance. First, their size puts them in a better negotiating position against digital distribution channels, getting, in many cases, a better “deal” for the creators of works in their portfolio than individual creators could likely get on their own. Second, these institutions carry “a cultural legacy of commitment to the creative industries”, which Pessach says is “currently absent in the commitments and cultural DNA of networked intermediaries.” Finally, the financial investment, risk allocating, and filtering functions of these companies help facilitate a broad range of cultural production that is highly unlikely to appear in a disintermediated digital environment.

Disintermediation and Copyright

So what does this all of this have to do with copyright?

To answer this question, Pessach next discusses two “themes” that have emerged from efforts to increase disintermediation through copyright law. The irony is that the actual effect appears to be contrary to the purported goals.

The first of these relates to the protection of online service providers through DMCA safe harbors, most notably the § 512(c) safe harbor for user-uploaded material. Part of the hope of this safe harbor was to support the development of new, decentralized distribution platforms. Reality tells a different story, which Pessach demonstrates by using the example of YouTube once again:

The dominant and unprecedented market and power position that YouTube has managed to obtain is… mostly due to § 512(c)’s safe harbor regime. It is the safe harbor regime that enabled the hosting and public provision of endless amounts of popular copyrighted cultural materials, and it is this ability that made the platform so dominant in terms of its market share. The growing popularity of the platform was largely based on its ability to cover entire portfolios of content (“full repertoire”) under one umbrella and highly demanded (copyrighted) content. The ability to do so without any need to obtain ex-ante authorizations from copyright owners and with the safe harbor’s limited legal risk is what facilitated the economic and cultural conditions for the current market domination of YouTube, particularly due to elements of network economics. Practically, the fact that under § 512(c)’s safe harbor regime, YouTube was obliged to remove (ex-post) infringing materials, based on a takedown notice by copyright owners, was not a real obstacle in establishing the platform’s dominance. By itself, such an obligation did not prevent the rapid growth in the platform’s popularity and the immense portfolio of popular copyrighted content that it hosted.

Once this dominant market position was achieved, however, it was also the stage to move toward business models, which are based on collaboration and revenue-sharing with creators and rights owners, only now from a completely different negotiation (or one may say, coercive) position. At this stage, authors, creators and rights owners were faced with a highly dominant and popular intermediary, which attracts a significant portion of audience attention and which is already partially shielded from legal liability for the hosting of their materials. Under such conditions, YouTube’s ability to launder its content activities under its own terms was considerable. Authors, creators and performers have very few options other than agreeing to YouTube’s terms and conditions or vanishing from audiences’ awareness.

The second theme Pessach looks at are proposals to vest more rights, particularly initial ownership rights, in creators. Though at times inelegantly phrased, the argument here is essentially that a focus on initial ownership rights takes the focus off the more important mechanisms that can provide meaningful bargaining power to decentralized and diffused creators. One self-published author is going to get whatever deal Amazon gives her, but a publisher that can negotiate on behalf of many authors could get a better deal.

The entire article is worth a read. Though astute observers may not find much surprising within, Pessach does an admirable job tying together various themes — “maybe the internet only wants one of everything”, the continuing importance of “traditional” intermediaries, the sharp decrease in creator welfare caused by disintermediation — and adds to a growing academic literature that highlights the flaws in the arguments of copyright’s skeptics. It is tragic that the erosion of creators’ rights has had the opposite effect than those responsible had intended. Disintermediation has benefitted few but a handful of giant internet firms. Hopefully, Pessach’s article shines a light on the fact that meaningful copyright protection remains just as vital to the public interest, if not more so, in the digital age.


Leave a Comment


Your email address will not be published. Required fields are marked *