Intellectual Property and New Media

'Intellectual Porperty' relates to the ownership of 'intangible' property such as ideas, various forms of literary and artistic expression, broadcasting and the mass media, folklore, and new media (any mode of expression which has commercial value)

The law encompasses four distinct types of intangible property:
1. Patents
2. Copyright
3. Trademarks or Tradenames
4. Others such as industrial designs, trade secrets and confidential information.

The above collectively are referred to as 'intellectual property'. Of these, Copyright directly applies to mass media.

'Copyright' is generally defined as an 'exclusive right granted to the owner of an original work (i.e. lyrics, movies, computer programs, paintings, designs logos) for a limited period of time'.

Copyright offers a legal protection granted to an artist or creative writer to reproduce, prepare derivative works, distribute, perform and display the work publicly.

Developments in new technologies such as cable and satellite TV as well as the internet have made the protection of 'intellectual property' more complicated.

An area of concern for authors, film makers, music composers, playwrights and other creative artists is the 'broadcasting of their work on a host of delivery platforms: radio, television, internet, mobile phones, etc. The gap between high priced media goods and low price pirated good has resulted in piracy.

Piracy is the illegal or unauthorised reproduction of copyrighted books, recordings, television programmes, softwares, movies etc.

With the dawn of globalization, India saw the entrance of piracy. Earlier piracy was confined to audio cassettes and books sold on the street. today it is in the form of:

1. Media windowing: Duplicating of content in the digital medium enables pirate to disrupt the chances of maximizing profits for distributors. While the cost of reproducing every duplicate decreases, the quality of the content remains constant.

2. Torrents: Bit Torrent is a peer-to-peer file sharing protocol used for distributing large amounts of data. These have been controversial since their inception. However, youngsters continue to download free games, software, movies etc via peer-to-peer file sharing / torrents.

Anti Piracy Enforcement: Media companies and anti-piracy groups have been lobbying for change in laws and stricter enforcement of laws. With cheaper technologies for circulation of media, this is a tough struggle.

Business Software Alliance (BSA) has been creating information on software piracy and assisting the police in conducting raids on pirates around India. In Bombay, the Social Services Wing, the Indian Music Industry (IMI) and major producers like Reliance Entertainment, and distributors such as United Television have driven anti-piracy efforts with the film industry.

Apart from enforcement efforts, anti-piracy lobbies have been instrumental in creating literature and annual statistical publication to demonstrate losses caused by piracy. Consultancy firms such as KPMG, Price Waterhouse Coopers, Ernst & Young have published piracy estimates.

Piracy is not a problem that can be eradicated overnight. New amendments but more importantly educating the masses will play an important role in making a difference in the future.

SAMYUKTA MAHARASHTRA MOVEMENT

Formation of state: SAMYUKTA MAHARASHTRA ANDOLAN

The Samyukta Maharashtra Samiti (United Maharashtra Committee) was an organisation that spearheaded the demand, in the 1950s, for the creation of a separate Marathi-speaking state out of the (then bilingual) State of Bombay in western India, with the city of Bombay (now known as Mumbai) as its capital.

The organisation was founded on February 6, 1956, under the leadership of Keshavrao Jedhe in Pune. Prominent activists of Samyukta Maharashtra Samiti were Acharya Atre, Prabodhankar Thackeray, Senapati Bapat and Shahir Amar Shaikh.

The Indian National Congress had pledged to linguistic states prior to Independence. In 1956, the SRC (States Re-organisation Committee) under pressure from Nehru/Patel recommended creation of linguistic states of Andhra Pradesh, Kerala, Karnataka, but recommended a bi-lingual state for Maharashtra-Gujarat, with Bombay (Mumbai) as its capital. To add insult to injury (for Samyukta Maharashtra Samiti), they recommended creation of Vidharba state to unite the Marathi speaking people of former Hyderabad state with Holkar's Nagpur state. This led to the creation of Samyukta Maharashtra Samiti which was previously called Samyuka Maharashtra Parishad. Its inauguration on November 1, 1956, caused a great political stir and, under the leadership of Keshavrao Jedhe, an all-party meeting was held in Pune and Samyukta Maharashtra Samiti was founded on February 6, 1956.

The Marathi press, along with a long standing tradition for standing up against social and political oppression, was an active supporter of the movement. The prominent litterateur Acharya Atre, founder of Maratha and Navayug was a major proponent, as were others in the press corps, notably Prabodhankar Thackeray, S.A. Dange, founder of the Socialist, and Shahir Shaikh. The Samyukta Maharashtra Andolan was thus sustained by activists of varied ideological persuasion.

S.M. Joshi, S.A. Dange, N.G. Gore and P.K. Atre fought relentlessly for Samyukta Maharashtra, even at the cost of sacrificing the lives of several people and finally succeeded in convincing Congress leaders that Maharashtra should form a separate state.

In January 1956, demonstrators were fired upon by the police at Flora Fountain in the capital city of Mumbai. Flora Fountain was subsequently renamed Hutatma Chowk or "Martyr's Crossroads" in their memory. Morarji Desai, who was the then chief minister of Bombay state was later removed and replaced by Y.B. Chawan as a result of criticism related to this incident.

The Samyukta Maharashtra Samiti achieved its goal on May 1, 1960 when the State of Bombay was partitioned into the Marathi-speaking State of Maharashtra and the Gujarati-speaking State of Gujarat.

GLASNOST AND PERESTROIKA

Glasnost: Glasnost means intellectual openness. Gorbachev adopted the policy of Glasnost to relax the restrictive policies that prevented freedom of speech and dissemination (spread) of ideas. It allowed public debate and political issues and therefore encouraged criticism of Soviet policies and society.The aim of the policy was to create an internal debate among Soviet citizens, and to encourage a positive attitude and enthusiasm for the reform of the Soviet Union. The media was allowed greater freedom to express opinions that would have been condemned previously.Failures of Soviet government were allowed to be revealed, such as the 1986 nuclear accident at Chernobyl. This was soon seen in areas such as human rights and cultural affairs. Several political prisoners were released.

In matters of culture and the media in general, there were some startling developments. in May 1986, both the Union of Soviet Film-Makers and the Union of Writers were allowed to sack their reactionary heads and elect more independent minded leaders. Long-banned anti-Stalin films and novels were shown and published.

There was new freedom in news reporting. in April 1986, for example, when a nuclear reactor at Chernobyl in Ukraine exploded, killing hundreds of people and releasing a massive radioactive cloud, which drifted over most of Europe, the disaster was discussed with unprecedented frankness. The aim of this new approach was to use media to publicize the inefficiency and corruption, which the government was so anxious to stamp out; educate public opinion and mobilize support for the new policies. Glasnost was encouraged provided nobody criticised the party itself. However, the policy developed a momentum of its own as people became more confident in speaking out while the failings of Soviet society became apparent and the economic reform programme failed.

Perestroika: Perestroika means 'restructuring'. It was the term used by Gorbachev for economic reform in the Soviet Union in the late 1980's. It was intended to be a systematized programme and concrete strategy for the country's further development. The programme reached into all areas of the Soviet system: science and technology, economy and changes in investment policy. The aim was to base the system on local autonomy and self-management. Small scale private enterprise such as family businesses were encouraged. Workers cooperatives were set up with a maximum of fifty workers.This helped provide competition to the slow and inefficient services provided by the state. There was also a need to reduce alcoholism and absenteeism among the workforce. The Law on State Enterprises was enacted.

Uses and Gratification

By the nineteen fifties and sixties, communication researchers began to fine tune their theories and research methods. These thinkers turned their attention to how audiences used the media to live out their fantasy lives and to seek out other gratifications, or even to inform and educate themselves about the world and its people.

Uses and Gratification Theory emerged in the 1970's as a reaction to traditional Mass Communication Research.

Most theories discuss how media had an impact on people. This theory explains how people use media for their need and gratification.

According to this theory, Media is used for

1. Diversion - Escape from everyday problems and routines.

2. Personal Relationship - Emotional other interaction e.g. substituting soap operas for family life

3. Personal Identity - Find yourself reflected in texts, learning behavior and values

4. Surveillance - Information could be useful for living - weather reports, financial news, etc.

Therefore, users play an active part in the communication process and are goal oriented in their media use.

Users seek out a media source that best fulfills their needs.

Thus Uses and Gratification has a humanistic approach.

Media consumers have free will to decide how they will use media and how it will affect them.

Three Objectives

1. To explain how individuals use mass communication to gratify their needs.

2. To discover underlying motives for individuals media use

3. To identify positive and negative consequences of individual media use.

Five Basic Assumptions:

1. "The audience is conceived as active" - Viewers are goal oriented and attempt to achieve their goal through the media source.

2. "In the mass communication process much initiative in linking needs, gratification and media choice lies with the audience member" - Viewers use media to their advantage rather than media uses viewers. The receiver decides what is to be absorbed and does not allow media to influence him.

3. "The media competes with other sources of need satisfaction" - Each individual has several needs and a wide range of choices to fulfill these needs. Strongest rival to media based sources include face to face communication as this helps individual cope with circumstances surrounding them most effectively. Thus, Mass media must compete with non media related sources and help create a need for itself as well as a proper balance between the two.

4. "Many of the goals media use can be derived from data supplied by individual audience members themselves" - Individuals are aware of their motives and choices and are able to explain them verbally if necessary.

5. "Value judgments about cultural significance of mass communication should be suspended while audience operations are explored on their own terms" - Individuals decide which media to view. Thus, Individuals place value on the media by their individual decision to view it.

These assumptions provide a framework for understanding the corelation between media and the viewers. It also provides a distinction between how the audience is more or less active and the consequences of their involvement in the media as a whole.

A medium will be used more when the existing motives to use the medium leads to more satisfaction.

This is the most widely used theoretical concept in communication research.


Additional Information
Thus media 'effects' were related to the needs and activities of audiences. The theory was largely concerned with the selection, reception and nature of response of audiences to the media, the assumption being that individual members in an audience made conscious and motivated selection of channels and programmes.

According to the studies done by researchers, it was found that daily soap operas (esp in the noon slots) were patronized by women who found role models in the leading female characters (ideal mothers, daughters and daughters-in-law). This brought about a catharsis of emotions in female viewers as this provided them moments of joy and tears.

On conducting research on newspapers, it was found that newspapers were not only a source of information but also shaped the daily routine of the individual. It gave the individual a sense of belonging that he was not the only individual reading the newspaper but many others shared this activity. This gave him a sense of belonging to a larger audience.

The thinkers felt that the reasons for use of this media was mainly social interaction, entertainment, understanding the environment around them and developing an identity along with shared decision making. Thus by reading sports pages or reading about their favorite personalities, individuals found social companionship. Thus it was a means to escape the hardships and realities of life.

Uses and gratification applies this principle of diversion to media content and explains that these media transport the audience into a romantic world where they can escape painful realities of life. For e.g., Watching a movie or a television program transports the individual to the story thus enabling the individual to temporarily forget his problems and experience the fantasy world portrayed in the movie or television program.

Agenda-setting

News plays an important role in shaping political reality. The amount of time spent on an issue and information relayed in the news story along with story’s position determine how much a reader learns.

Mass communication creates mass culture.

Agenda setting is the ability of media to determine through a cognitive process called ‘accessibility’, which is the process of retrieving an issue in the memory. Agenda setting is also influenced by a person’s perception to certain beliefs. For e.g. If a person is highly sensitive to cultural issues, then cultural news is most important.

Agenda setting happens after gatekeeping where the news is edited before it reaches the audiences.

In 1998 Mc Combs gave the concept of ‘Framing’ which simply means, media can not only direct people on what to thing about but can also shape how to think about an issue.

2 basic assumptions to be considered under Agenda Setting

1.       Media and the press filter and shape reality rather than reflect it.

2.       When media focuses on just a few issues and subjects, the public tends to perceive those issues as important.

Positive aspects of Agenda Setting Theory

-          Explanatory power as it explains why people prioritize certain issues

-          Predictive power as it predicts priorities of media audience according to news media content

-          Economical theory that is easy to understand

-          Theoretical assumptions are balanced and unbiased

-          Theory provides new areas for further research

-          Theory has organizing power because it helps to organize existing knowledge of media effects on society.

Types of Agenda Setting

-          Public Agenda Setting where the public is the dependent variable

-          Media Agenda Setting where media is the dependent variable

-          Policy Agenda Setting where policy makers agenda is the dependent variable.

Criticism of Agenda Setting Theory

-          Agenda setting of any media or news article is difficult

-          Surveys and studies are very subjective and not very accurate as there are too many variables to consider

-          With the emergence of new media, people have varied options from which to read about the same story from different angles

-          Today media uses two way communication unlike when this theory was developed

-          Agenda setting has benefits as media influences public and public influences policy

-          People might not look at the details and may miss some important points resulting in misunderstanding.

-          Media effect does not work on people who have a set mindset.

-          Media is not able to create information but is able to change the priority of information to public mindset

Additional Information:

The term 'agenda-setting' was coined by McCombs and Shaw to describe a phenomenon which had long been noticed and studied in the context of election campaigns.

The core idea is that news media indicate to the public what the main issues of the day are and this is reflected in what the public perceives as the main issues.

The agenda-setting hypothesis:
- Public debate is represented by a set of salient issues (an agenda for action)

- The agenda originates from public opinion and the proposals of political elite

- Competing interests seek to promote the salience of 'their' issues.

- Mass Media news selects issues for more or less attention according to several pressures, especially those from interested elite, public opinion and real-world events.

- The outcome in media (relative degree of prominence of issues) both gives public recognition to the current agenda and has further effects on opinion and the evaluation of the political scene.

- Agenda effects are peripheral and short term.

Agenda-setting has attracted Mass communication researchers because it seems to offer an alternative to the search for directional media effects on individual attitudes and behavior change.

Thus, Agenda-setting is the process of media influence (intended or unintended) by which the relative importance of news events, issues or personages in the public mind are affected by the order of presentation in news reports. It is Assumed that the more the media attention given to a topic, the greater is the importance attributed to it by the news audience. The media influence is not on the direction of opinion but only on what people think about. The concept has been mainly applied to political communication and election campaigns especially. Despite the near certainty that the process does occur as hypothesized, it is not easy to prove, because media take their priorities from public opinion as well as from politicians.

Ref: The above has been taken from Mc Quail's Mass Communication Theory.

Two-Step Flow Theory

The Two-Step Flow Theory was given by Paul Lazarsfeld.

According to the Two-Step Flow Theory, media does not directly affect people as there is no direct contact between them. Thus media effect is actually mediated by a third party which passes it on to the audience.

Lazarsfeld argued that human beings belong to two categories: Opinion leaders and Opinion followers. Opinion leaders are those who receive the media content first and interpret it in keeping with their beliefs and value systems. Then the recreated product is passed on to opinion followers (people who are not in direct contact with the media).

This theory states that content flow takes place in two steps. 
In the first step the media message reaches the opinion leaders. 
In the second step the media messages are passed on to the public. Thus we see that information comes first to the opinion leaders who then convey the subject to the common man. For instance, a large number of news stories reach news bureaus and newsrooms through their staff who are placed worldwide. However not every news item that is received is relayed or printed. The news editor decides what news is important and what needs to be published and it is this information that reaches the opinion followers.

This theory has been discredited by modern thinkers as the advent of 24 X 7 Television Channels have resulted in most people getting first-hand account of events, news etc. Now a days, TV audiences watch events at the same time as the mediators and thus are able to make their own judgments even before the opinion leaders.

An example of the Two Step Flow Theory and its influence today: 
Bloggers and Influencers play the role of Opinion Leaders convincing the audience to purchase/try products. This the influence of these bloggers and influencers on the minds of the target audience increases sales as the audience is convinced and makes the purchase.

SOCIAL MEDIA AND UPRISINGS

ARAB SPRING

Arab Spring refers to the democratic uprisings that arose independently and spread across the Arab world in 2011. The movement originated in Tunisia in December 2010 and quickly took hold in Egypt, Libya, Syria, Yemen, Bahrain, Saudi Arabia, and Jordan.

Arab Spring was a unique revolution where the revolutionaries utilized social media to inform the mass and promote revolutionary agenda. Thus, for the first time in the history of the twentieth and early twenty first centuries, social media was used to coordinate a revolution and gain people support.

Social media and YouTube were used to send real-time footage of conflicts that were taking place. Amateur clips of innocent civilians being gunned down by troops, and rebels seeking justice, forwarded to cell phones, emails and posted on Facebook reached the world audiences thus exposing the ruling regime as oppressive and inhuman. While the ruler could control traditional media, the rebels used social media, thus portraying the regime in negative light. Rapid dissemination of news through widespread messaging affected public opinion and thus gained international support.

To read more about the Arab Spring click here

TAHRIR SQUARE

Tahrir Square popularly known as ‘Martyr Square’ is a major public town square in Downtown Cairo Egypt. The high levels of protest led to the resignation of President Mubarak in 2011.

The Egyptian Revolution of 2011 also known as the January 25 Revolution began on 25^th January 2011. There were demonstrations, riots, nonviolent civilian resistance, strikes etc. millions of protesters from all walks of life demanded the overthrow of President Hosni Mubarak. This was because of various legal and political issues, like lack of free elections, control on freedom of speech, corruption, high rate of inflation, rise in unemployment and no increase in existing salaries. There was high level of production and dissemination of multimedia content in Egypt making it difficult to control information about protests. Protests began in Cairo and spread throughout the country.

Egypt’s Central Security Forces Police (loyal to Mubarak) were replaced by military troops. On 11 February 2011 Vice President Omar Suleiman announced that Mubarak would resign as president. On 24^th May Mubarak was ordered to stand trial on charges of premeditated murder of peaceful protesters. On 2^nd June 2012, Mubarak was found guilty and sentenced to life imprisonment, but the sentence was overturned on appeal and retrial ordered. Finally on 24^th June the State Election Commission stated that Islamist Mohamed Morsi had won the elections and he was appointed as president. On 3^rd July 2013, Morsi was deposed by a coup d’état led by General Abdel Fattah El-Sisi on account of opposition protests on 30^th June.

  

THE ROLE OF SOCIAL MEDIA (IN THESE UPRISINGS)

 For the first time in the history of the world social media played a vital role in bringing together masses to fight a revolution and in some cases overthrow the ruler. Social media affected public opinion and thus gained international support.

Social media gave individuals the power to not only disseminate information and news across the globe but also helped them gain the support of the masses and united the masses to fight for change. This was never seen or imagined previously.

Amateur video clips shot on cell phones and forwarded via social media like facebook, twitter, you tube, blackberry messenger, blogs etc. caused worldwide stir. Some rulers even tried to ban social media in their territories in order to curb the revolution. Internet services were disrupted for five days in Cairo to stymie the protesters. This was also considered a breech on freedom of speech and expression.

Thus social media has helped to facilitate information that can be used as a weapon to spread propaganda .Thus a new age of revolution through social media, phenomena never seen before, arose. Regimes, revolutionaries and counter revolutionaries now have in their hands a means of meeting their agendas through social media. Social media has thus provided the individual access to the world and has provided the world access to individuals!