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Ricketson, Sam; Ginsburg, Jane --- "Intellectual property in news? Why not?" [2017] ELECD 295; in Richardson, Megan; Ricketson, Sam (eds), "Research Handbook on Intellectual Property in Media and Entertainment" (Edward Elgar Publishing, 2017) 10

Book Title: Research Handbook on Intellectual Property in Media and Entertainment

Editor(s): Richardson, Megan; Ricketson, Sam

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784710781

Section: Chapter 1

Section Title: Intellectual property in news? Why not?

Author(s): Ricketson, Sam; Ginsburg, Jane

Number of pages: 37

Abstract/Description:

Just as one asks ‘Intellectual property in news, why not?’, the contrary question ‘why, indeed?’ immediately poses itself. The following chapter attempts to make sense of both questions, considering them from an historical and international perspective as well as from the perspective of modern communications technologies, most notably the internet. We begin with a consideration of what is meant by ‘news’ and the competing arguments for and against protection. We then move to a consideration of some early national efforts to corral and safeguard the efforts of news gatherers, and the various unsuccessful attempts to fashion some form of international protection during the early part of the last century. We then conclude with an analysis of the way the issue of news protection and international norms presents itself in the networked environment. We probably approach this question with the same kind of initial certainty as we approach the questions what is a chair or table, or when we properly describe a man (or woman) as being bald, bearded or possessed of a full head of hair. Our immediate response is, of course, I know one when I see one. Further reflection, however, reveals that there are shades of meaning and degrees of chair and table likeness, baldness, beardedness and hairiness which we will all readily recognize in the most obvious cases, but where the drawing of a bright dividing line in the shaded middle is difficult.