AC640 Government, Public Policy, and the Law (Political Communication) :Law and Ethics [3]
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CA and NBC controlled radio and television respectively in the earliest days
of those media. The enormous cost of establishing telecommunication infrastructures—
stringing wires and building transmission towers, for example—encouraged a monopoly
model, albeit one overseen by government bodies like the CRTC. The monopoly model
survived in North America till the 1980s, when ideological changes favouring markets
and technological changes allowing for a decentralization of media effectively ended this
pattern. In Canada, for example, this has led to competition in the long distance
telephone market where once Bell was the only choice available. c. broadcast trends
Broadcast trends today are defined by several developments. First, digitization mean
that the longstanding issue of “spectrum scarcity”—the finite capacity of the
electromagnetic (EM) spectrum to carry sound and visual information—is much less a
problem today. Cable, Internet, and satellite transmissions are not dependent on the EM
spectrum. Second, with respect to access, the pattern in the early days of Canadian
radio and television broadcast (1930s-60s) was to ensure the vast majority of Canadians
had access to Canadian radio and TV services. Third, with respect to content, the trend
since the 1960s has been to support Canadian cultural industries by requiring Canadian
content in TV and radio here. This took advantage of the infrastructure established in the
earlier decades to provide programming reflective of Canadian culture, especially in light
of the remarkable power and appeal of American media.
2. AC640 reading: Michael Perelman’s “The Ascension of Intellectual
Property Rights”
a. the history of intellectual property
Intellectual property can be defined as “property that enjoys legal protection and stems
from the exercise of the mind; [it] includes patents, trademarks, copyright, design
protection and some minor rights.” Intellectual property includes media products (e.g.,
movies, books, music), brands, scientific and technological knowledge, slogans and
phrases, even life forms. Intellectual property is of interest to a course in communication
and politics because it represents, in purest form, the intersection of law,
communication, and economics. Intellectual property law, while it may seem rather “dry”
on the surface, is a factor in many of the most interesting debates of our time. It’s a key
feature in the peer-to-peer music file sharing controversy, in cloning and other bioethical
issues, in the overseas piracy of Hollywood movies, and in high-stakes international
negotiations over the direction of world trade policy. Michael Perelman, author of this chapter from his book, Steal This Idea: Intellectual
Property Rights and the Corporate Confiscation of Creativity, is an economics professor
at California State University. His economics are decidedly from the left of the political
spectrum, making him a critic of the neo-liberal economics mainstream. In this carefully
argued critique of intellectual property, and specifically what Perelman believes is the
corporate takeover of patents and copyright, he offers a historical overview of intellectual
property and its surprising importance as an economic commodity and legal issue.
b. intellectual property and market failure
Perelman argues that intellectual property law originated in “market failure”—that is,
instances or areas of the
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