Here we'll explore the nexus of legal rulings, Capitol Hill
policy-making, technical standards development, and technological
innovation that creates -- and will recreate -- the networked world as we
know it. Among the topics we'll touch on: intellectual property
conflicts, technical architecture and innovation, the evolution of
copyright, private vs. public interests in Net policy-making, lobbying
and the law, and more.
Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.
Unless the BSA gets its act together and replaces overstated and misconstrued data with properly researched and carefully presented facts, it will become known as an arrogant organ of propaganda. There is no doubt that it is correct when it calls organised software piracy a major problem for the industry, but it would do well to remember the story of the boy who cried wolf.
The BSA's latest study claims to prove that software patents are of equal importance to SMEs and large companies, a claim that political parties and some media organisations have taken at face value. But does the study really show that SMEs are of equal importance, or has the BSA presented the facts in a misleading way to lead people to the conclusions they want them to draw?
At the beginning of this week, we learned that a Broadcast Flag amendment might slip past the gates in an appropriations bill. It's easy to see how this could happen. Despite strong opposition to the flag in the Internet community, in many circles it's still considered "non-controversial."
By 6 p.m. on Tuesday, the 27 members of the Senate Appropriations Committee received more than 11,000 emails and faxes. That's nearly 500 faxes an hour. Dianne Feinstein alone received more than 2,600 messages in her inbox. Kay Hutchison, the senior senator for Texas, received 1,441 letters. [emphasis, links in original]
However, it ain't over til it's over. Read the whole thing ... and if you haven't already, TAKE ACTION.
Scrivener's Error has an interesting (and harsh) critique of Stallman's essay (Time is of the Essence). Petit of Scrivener's Error focuses on the limited term of patent. He's right about that, but I imagine that a patent on literary works would have a tremendous effect on the market nevertheless. I suspect we would be looking at much more consolidation among publishers, for example. And a market that is much more expensive to enter.
EFF's action alert, geared to people with senators on the committee, is here. Public Knowledge also provides a number of excellent talking points in an email urging readers to phone their senators
One might think that open access to high resolution 3D scans of Michelangelo's David and other cultural heritage works would be a goal of the works' trustees. Nope. They're busy figuring out how to keep people from "pirating" the data.
SIR Your article on software piracy was extreme, misleading and irresponsible ("BSA or just BS?", May 21st). The headline was particularly offensive. The implication that an industry would purposely inflate the rate of piracy and its impact to suit its political aims is ridiculous. The problem is real and needs no exaggeration.
Well, that shows The Economist, doesn't it? They better back off on their analysis or the BSA might respond with another empty denial.
Prof. Michael Madison brings our attention to a case in which a stage production of Grease was halted by the rights organization because the female cast was going to play female students in an all-girls school putting on a performance of Grease. Got that? Theatre Follies. So, instead, they will be performing Grease and Desist,
the "gleefully, bad ass, unauthorized, '50's rock musical cabaret" that claims "If the creators of South Park and Charles Ludlum had met late one evening in a dark, smokey bar, done shots of jagermeister and danced -- THIS IS THE LOVE CHILD THEY WOULD HAVE HAD."
LIS News has a report of increasing shrinkwrap licenses being included with reference books (Books with Licensing Contract on Shrink Wrap). The publisher probably figures some court is likely to uphold the license at some point in the future and then things will be golden.
Prof. Michael Madison and I have been discussing what distinctions, if any, there are between works that are licensed and works that are sold as "restricted use". For example, a CD that only the buyer is permitted to play. The discussion includes guest commentary from Ed Felten and a digression into Creative Commons licensing.
Not sure who is behind it, but someone is promoting "Fair Use Day" on July 11th.
We think fair use should have it's own "Day", a day to celebrate Fair Use in any lawful way you wish. Exercise your fair use rights or contact a corporation or government of your choosing and let them know you want fair use rights and you want them protected - demand your fair use rights! Use what ever means you have available: phone, email, smoke signals, snail-mail, etc.
There really isn't that much information on the site and they've adopted the unfortunate acronym "FUD." via BoingBoing
Eisenhower warned of the need to guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist. More than a few DemocratsIm onecould appreciate the Eisenhowers principles and perspicacity here. Ike saw a need for the military but did not want it to dominate American life. Eisenhower was seeking a middle ground by the standards of the time, and I wonder how he would have felt today about a different complexthe Entertainment-Copyright Complex.
Several members indicated they'd seek a broadcast flag in any final DTV transition bill, including Reps. Jay Inslee (D-Wash.), Edolphus Towns (D-N.Y.), Elliot Engel (D-N.Y.) and Marsha Blackburn (R-Tenn.). No one actually came out against the flag. [emphasis added]
There is a lot of talk about the subsidy, but who cares? Subsidies will only matter for a couple of years, the changes the Broadcast Flag will implement will last essentially forever. Doesn't any of these representatives realize what a major change they would be making in our technology/innovation environment?
Rep. Elliot Engel, (D-N.Y.): "This is really a budget bill, not a telecom policy bill."
If you add the Broadcast Flag, it becomes a copyright/innovation/technology policy bill.
Now is not the time to give up on the Broadcast Flag! We need to explain to these Congressmembers that people aren't going to appreciate the change to DTV when they can't record a video for a friend who is out of town, or take copies of the kid's favorite shows to Grandma's when she babysits.
Let's be clear. Al Qaeda and the forces supporting them are Luddites. They aim to take their part of the world back to the Middle Ages. And they aim to take us down to the Middle Ages with them.
The Internet is the greatest weapon we have against tyranny in all its forms, especially this form. Any move against it is a move on behalf of the enemy.
So where do we go from here? I believe that if we don't move toward compromise on copyright we're pulling our own virtual Twin Towers down over our own heads, just to keep the enemy from doing it first.
The Baltimore Sun reports that the copyright holders of Big River, which is based on Mark Twain's The Adventures of Huckleberry Finn, denied permission to C-SPAN to air a performance of a song from that play by high school students on a show that celebrated high school theatre (Racial Roles Bar Students from Show). The reason given by the copyright holder is that the role of Huck was played by an African-American student and the tole of the slave, Jim, was played by a white student.
Apparently, Mark Twain's great commentary on race relations in America could not be sullied by further commentary through cross casting.
When John Milewski, executive producer of Close Up, asked R&H Theatricals in New York - the Rodgers & Hammerstein organization, which holds the license on the play - for the right to air the students' performance, permission was denied. The reason was cross casting, R&H confirmed.
Bert Fink, a spokesman for R&H, said his organization is not against cross casting, citing a 1997 Wonderful World of Disney version of Cinderella that featured R&B artist Brandy in the lead. "But when you're dealing with a theatrical work and race or ethnicity is a key factor, many authors or playwrights feel strongly that ethnicity has to be reflected in the actors who portray the characters," he said.
"In the books, Jim is a runaway slave. He is clearly in the novel an African-American man. And Huck is a free white man - that is central to the story. To ignore that component or to comment on it by switching is not faithful to the story that the musical's authors are trying to tell."
Faithful? Faithful? Heck, it couldn't be more faithful to what Mark Twain was trying to accomplish. Bloody idiots.
Copyfighters may want to visit the IP Justice League of America, "celebrating the only comic book of international super-star INTELLECTUAL PROPERTY POLICY super heroes!" Not much there yet, except some Warhol-esque portraits that rollover to declare:
Eblen Moglen - "Batman"
Larry Lessig - "Superman"
John Gilmore - "Green Lantern"
Robin Gross - "Wonder Woman"
Richard Stallman - "The Martian"
Ed Felten - "The Flash"
And the following:
Can the IP Justice League save Wil Wheaton from super-villain Jack Valenti? Will they defeat his evil army of psycho culture pirates!? Whose side is Avril Lavigne REALLY on??
I guess we'll just have to stay tuned to the same IP Justice League Channel, same IP Justice League time for more. How about an RSS feed instead, so I know when it is updated?
(And would this group actually call themselves the Intellectual Property League? Wouldn't they use some other term?)
''The Tribune is a big, powerful company and they think they can just run roughshod over people. They picked the wrong guy,'' Fields [Beatty's lawyer] said.
The producers recently secured rights from Tribune Media Services (TMS), a division of Tribune Company, and will attach a writer over the next month. The plan is to pitch a modern take on the classic crime-fighting hero to networks this summer.
Actually, I would kind of like to see a Dick Tracy television show.
The blog, Take Back Our Campus!, hasn't been updated since April 4, 2005, but is highly critical of St. Lawrence University, members of its faculty and students. The blog is frequently offensive and sophomoric, but then again, isn't this sort of thing how sophomores got their name?
In any case, it is odd that a university would launch a lawsuit to determine the identity of the anonymous bloggers. Hello? Freedom of speech. Nevertheless, I can understand that some speech might beyond the pale (that is why not all speech is protected by the First Amendment). So, what is even stranger, is the method through which the university seeks to determine the identities of the bloggers. The university hasn't launched a libel suit or something similar. The university is making specious claims of copyright infringement.
In our own situation, the labels have told the mobile operators that the non-original ringtones are illegal or would confuse the public (despite big disclaimers on most sited or ads stating they are not the originals), said Slep [funder of cover ringtones provider MusicalContent.com]. Because the mobile operators do not want any undue hassle and value their customer base so strongly, they have succumbed to the pressure tactics of the labels. Many of the aggregators that have supplied the operators with the polyphonic ringtones were forced to drop carrying the cover version material we supply under this pressure, or else the labels threatened to NOT supply the original version tracks. [emphasis in original]
This is wrong on so many levels it isn't funny. Obviously, if these allegations are true (which wouldn't be surprising), we have the major record labels engaged in egregious anti-competive practices. Furthermore, why the heck is this even an issue? Apparently because the cellphone companies will only let you get ringtones through them. Why shouldn't you be able to download ringtones from any provider? Thank you, bogus telecommunications regulation that operates in conjunction with copyright to reinforce anticompetitive practices.
One strange aspect of this is that there is apparently an anonymous blog dedicated to ringtones by the artists themselves and against the cover versions ("The newest ringtones - truetones, polyphonics, wallpapers from the artists and record labels themselves") (Ringtone Releases).
Fascinating article on the BBC regarding the copyright wars between India and Pakistan (How piracy is entrenched in Pakistan). Turns out that Pakistan is cracking down on copyright infringement of Western movies, but not on movies from India:
"I am sure that at some level, allowing piracy of Indian films was considered a smart act of industrial sabotage by the Pakistani policy makers," says Ameed Riaz, the head of EMI Pakistan.
"Basically, anything that hurt India was considered kosher."
It is no coincidence that the first - little noticed - copyright law adopted in Pakistan in 1962 expressly stated that it did not cover Indian intellectual property.
However, the effect, it seems, was to entrench Bollywood even further in Pakistani culture:
Not just that: Pakistan's fashion and modelling industry has come to be deeply dependent on the Indian film culture.
Event management companies in Karachi that organise weddings for the affluent say that many brides want the wedding stage to resemble a set from a particular movie.
The wedding set from Indian diva Aishwarya Rai's film, Hum Dil De Chuke Sanam, was replicated at so many weddings in Karachi that it became a joke.
Street jargon employed by Bollywood crime characters has become every Pakistani parent's nightmare. Even the mullah in the mosque - if he wants to be popular with his audience - will base his religious anthems on popular Indian film music tunes.
Every major record company has vaults full of (and perpetual rights to) great recording by major artists in many categories which might still provide enjoyment to music consumers if they were made available in the right way. MUSIC CONSUMERS LIKE TO CONSUME MUSIC . . . NOT PIECES OF VINYL WRAPPED IN PIECES OF CARDBOARD. [emphasis in original]
Hilary Rosen, formerly head of the RIAA, has a most hilarious column on the new Huffington Post. I double checked the date on the post, and it isn't April Fools. Miss Rosen is complaining that she can't buy music for her iPod that doesn't come from iTunes (Steve Jobs, Let my Music Go):
I spent 17 years in the music business the last several of which were all about pushing and prodding the painful development of legitimate on-line music. Now, the music fan is on the cusp of riches in their options - free of the viruses of the pirate sites. There are lots of places you can go for great music at good deals and with a deep catalog of songs from over the last 20 or 30 years. MSN.com, Rhapsody.com, aolmusic.com, even walmart.com. There are little players to make your favorite music even more portable than ever starting at as little as 29 bucks. Most every player device works at every one of these stores and it is pretty easy to keep all the songs, no matter where you got them, in a single folder or "jukebox" on your computer.
Hello? This was and is an obvious consequence of your DRM-ed world, Miss Rosen. Apple is simply doing what comes natural. Having insisted on the means for exclusion being legally protected (i.e. DMCA), Apple is using those means to exclude competitors. The only reason that the other companies mentioned aren't doing the same thing is because they are struggling to gain marketshare. Were they the dominant players in the market, they would be doing the same thing as Apple.
The problem is that the iPod only works with either songs that you buy from the on-line Apple iTunes store or songs that you rip from your own CDs.
Well, only if you ignore the many smaller companies that sell unencumbered MP3s to their customers.
But those other music sites have lots of music that you cant get at the iTunes store.
And they haven't licensed to Apple, why? Whose fault is that? Is it Apple's? Or is it the fault of your former clients?
If you are really a geek, you can figure out how to strip the songs you might have bought from another on-line store of all identifying information so that they will go into the iPod. But then you have also degraded the sound quality. How cruel.
Cruel? Miss Rosen is one of the main people who insisted on creating the environment for this cruelty. In any case, if you know what you're doing, you don't have to lose much in the way of sound quality ... unless the systems are designed to make such stripping of information result in poor sound quality. Then, of course, you could always strip the DRM, but that would be a crime, thanks in part to Miss Rosen.
But keeping the iTunes system a proprietary technology to prevent anyone from using multiple (read Microsoft) music systems is the most anti-consumer and user unfriendly thing any god can do. Is this the same Jobs that railed for years about the Microsoft monopoly? Is taking a page out of their playbook the only way to have a successful business? If he isnt careful Bill Gates might just Betamax him while the crowds cheer him on. Come on Steve open it up.
Is it the only way to run a successful business? No, but it is a very good way to run one. Jobs isn't going to open up his system until it makes business sense. Unfortunately, Miss Rosen hasn't provided a single argument as to why it makes good business sense for him to do so. Is DRM anti-consumer and user unfriendly? Heck, yes. But that didn't stop Miss Rosen for lobbying on its behalf.
Why am I complaining about this? Why isnt everyone?
Many of us have been complaining for a long, long time. Of course, our voices may have been drowned out to a certain extent by all the propaganda emanating from the RIAA that music without the encumbrances of DRM is tantamount to piracy.
You can't have it both ways Miss Rosen. If you want DRM, someone is going to have to control that DRM. And if you don't think they won't use that control to their ultimate advantage, you obviously didn't learn anything from your association with the music industry.
Mickey Mouse has been saved, at least according to these undoctored photos showing the famous mouse hanging out with Public Knowledge president Gigi Sohn in Washington DC (Gigi 'N' Mickey).
In reality, the mouse statues are part of 75 InspEARations, a traveling exhibit of 75 Mickey Mouse statues with various designs. I saw the exhibit when it was at Disney's California Adventure. It was pretty disappointing (the statues, not just DCA). Instead of artists (as in many of the other city-wide statue projects), they were designed by celebrities who generally had no artistic sense and quotidian sensibilities. "Oh, gee, a Mickey Mouse made to look like a Lakers basketball player designed by Shaq." Sad.
Slate's Clive Thompson has a good article on fanfic, in particular Star Wars Revelations, the 40min fanfic Star Wars film that is getting a lot of praise right now. In the Slate article, Thompson argues that Star Wars should go Creative Commons as well as several other properties that would seem to be good CC fodder and why (May the Force Be With You, And You, And You ...).
Copyright scholar William Patry, author of the treatise Copyright Law and Practice, has launched a copyright blog called, simply enough, The Patry Copyright Blog. Welcome to the blogosphere!
Courtesy of The Challenge of P2P, the blog for Prof. Pam Samuelson's "Peer-to-Peer (P2P) Technology: Legal and Policy Challenges" class at Berkeley this semester.
Many have forgotten about the procedural and regulatory abomination that is ICANN. But the folks at ICANN Watch have not, and they report yet another scandal regarding domain names. In this case, the bogus procedures that have allowed the international airline cartel (IATA) to take over the ".travel" domain by proxy (ICANN reveals ".travel" sponsor is a front).
Read the whole thing and wonder why ICANN is still in charge of the domain name system.
McDonald's has come up with an interesting alternative music compensation scheme, apparently. According to the New York Daily News, McDonald's will be offering rappers $1-$5 every time a song praising Big Macs is played on the radio (McHip-hop name-drop).
Often described as the Magna Carta of the technology industry, the Betamax doctrine makes it clear that innovators need not fear ruinous litigation from the entertainment industry so long as their inventions are "merely capable of substantial noninfringing uses." In today's petition, the entertainment industry urges the Court to reverse that established rule and impose on innovators a "legal duty either to have designed their services differently to prevent infringing uses, or to take reasonable steps going forward to do so." Of course, on that view, Sony's Betamax VCR would never have seen the light of day, since Sony could have designed it differently (in fact, the movie studios suggested back in 1978 that Sony implement a "broadcast flag" system!) or modified it after Disney complained.
I certainly hope that the Supreme Court recognizes that courts aren't the best place to decide what innovation is permissible and what innovation is not and declines the cert petition.
The university has had a web-footed mascot since at least the 1920s, when a live duck named Puddles surfaced at football and basketball games. A duck emblem was in use by 1933, and by 1936 it was starting to look more like Donald, catching the attention of Disney officials.
In 1947, Oregon Athletic Director Leo Harris shook hands with Walt Disney himself on an agreement to allow Oregon to use Donald as the mascot. The deal was put in writing in 1974 in a licensing agreement giving the university limited use of Donald at athletic venues.
Wow. A good-natured handshake agreement for almost thirty years.
Of course, such things could not be allowed to continue:
In 1991, the agreement was expanded to allow wider use of the likeness on sweatshirts, glassware and other merchandise.
The frenzied "charging duck" pumping his fists inside a large, eight-sided letter 'O' was a ubiquitous campus logo for years. It was eventually replaced as the UO marketing machine grew and felt confined by Disney's restrictive contract, which forbids the school from selling items with the Donald Duck logo beyond the Oregon border.
Although Donald is much beloved by Oregon fans, a stylized "O" will have to do for out-of-staters.
Some have wondered why the MPAA has been so successful with members of the Republican Party, despite the fact that Hollywood, in general, provides much more support to Democrats. Well, those people can continue to wonder:
Almost everybody here [at the Republican National Convention] that I've met has been open, curious, friendly and positive. They all want to work with me . I recognize that there are some who wanted a Republican in my job of president of the MPAA. But I think folks also wanted somebody good at consensus building and that would fight for the motion picture industry. Clearly the movie industry, and all the industries interested in creative and copyright protection, have a lot of friends here in the Republican Party.
What he has to say on copyright infringement:
I don't think that MPAA is anti-technology. But it's vital that we combat piracy with a three-pronged approach: improve [piracy deterring] technology, enforce the laws and educate people, largely the younger people, in high schools and universities....We are engaging Congress on piracy. There are several bills that predate my coming into this job that are aimed at addressing this issue. These bills will make it easy to go after pirates. I think what we need to do is make the standards [that allow law enforcement] to go after violators more realistic.
His take on the tech industry ought to send shivers up the spines of Silicon Valley types:
I have spent time with our technology people in Washington, trying to familiarize myself with the technology. But the bottom line is, we need to make it as difficult as possible for people to engage in piracy activities.
There a number of interesting tidbits in the interview, such as the fact that 70% of the MPAA's 250 employees are involved in anti-piracy work and that the anti-piracy office is "really where the interfaces with the studios" are. The MPAA will also continue to make itself heard in promoting draconian copyright laws through international treaty:
One of my goals is to use my background and experience in dealing with international trade issues, particularly as I was involved in the agricultural arena, to further the market-opening free-trade discussions.
It is practically Orwellian how "market-opening" in MPAA-speak means innovation-controlling, as the MPAA exports the DMCA around the world.
Of course, there is a hint of arrogance in Glickman's comments regarding Rep. Rick Boucher (D-VA)'s Digital Millennium Consumer Rights Act:
Obviously there's some support for the Boucher bill -- and I think it needs to be fought vigilantly -- but my judgment is that there's no imminent threat of passage. It's going to require vigilance on (the part of) folks like the MPAA, the (Recording Industry Association of America) and others. The battles have heated up even more in the last couple of years on this. Rick is actually an old friend of mine; we served together on the Judiciary Committee. I have to go in and teach him a few things when I get a chance. (Laughs)
Let us hope he finds his arrogance mistaken.
Most importantly, Glickman's main focus will be copyright issues at all levels:
Copying is an international plague; it's pure, downright theft. The question is: How do you deal with this in the modern, changing world? It's a multifaceted strategy. Specifically as it relates to the movie industry, it has to be a combination of aggressive law enforcement by state and federal authorities, use of litigation, civil litigation (and) education. I spent two years in a university at Harvard, and I would hope to use those talents in part of the (public relations) and educational strategy to further the work that has already been done on college campuses. (Also important is) being open to new technology, exploring with the people who create new technologies how one permits those technologies to flow and develop but at the same time respects the creator's rights.
Frightening language in its anti-innovation clarity: aggressive state law enforcement, how one permits technology to develop.
Glickman will be leading the charge from the other side of the copyfight, what he says and does is important.
What is really scary about this interview is the profound ignorance, or is it, perhaps, "willful blindness" Valenti demonstrates.
Unclear on How Cryptography Works
I have said, technology is what causes the problem, and technology will be the salvation of the problem. I really do believe we can stuff enough algorithms in a movie that only the dedicated hackers can spend the time and effort to try to plumb through those 1,000 algorithms to try to find a way to beat it. In time, well be able to do this, because I have great faith in the technological genius thats out there.
Has Never Heard of 17 USC 107
There is no fair use to take something that doesnt belong to you. Thats not fair use. If youre a professor in a classroom, you show Singing in the Rain to your class. You can fast forward it, and theres no performance fee for that. Thats fair use. Now, fair use is not in the law. People are taking fair use and changing it to unfair use and claiming that its fair use.
Doesn't Realize that the MPAA Opposed TiVo to Go
So there are no restrictions that Hollywood wants to place on what people can do with media on their computers?
Well, I cant tell you that. We have to see what the technology can provide.
Thinks Digital Things Last Forever
When you go to your department store and you buy 10 Cognac glasses and two weeks later you break two of them, the store doesnt give you two backup copies. Where did this backup copy thing come from? A digital thing lasts forever.
We've discussed the definition of "copyfighter" before (IAAC - I Am A Copyfighter and Defining "Copyfighter"). Regardless of the details of the definition, I think we certainly have to add the New York Times Editorial Board to the copyfighter category. For example, here are a few recent editorials from the Times:
These are thorny issues indeed. Freedom of information is at the root of American democracy, and yet every day we see that freedom being compromised, controlled and limited. The Grokster decision is a ruling in favor of keeping our bets open about which technologies will turn out to serve our freedoms best.
It would be better for consumers if Apple began licensing its digital rights management software, only because the iTunes Music Store will not be able to lock up access to all the copyrighted music in the world. But RealNetworks' contention that Apple is stifling freedom of choice is self-serving. You can play music from any CD on an iPod, once it has been digitally copied, and the device works on PC's and Macs.
That is not how Congress usually thinks about it. A good example is the so-called Induce Act, now under consideration, which would make it a crime to aid or induce copyright violations like illegal file-sharing.
But the bill is so loosely worded that it could threaten a host of legal information-sharing practices and technologies. That includes everything from the iPod to automatic online translation. Critics claim, with reason, that this overreaching bill would have deeply chilling effects on technological innovation.
Congress seems instinctively to side with those who instinctively want to put a chokehold on new technologies. It's always easier, after all, to try to protect what appears to be "an absolute, inviolable set of rights" than it is to find equitable new ground to stand on in the rapidly shifting debate over digital copyright.
Kudos to the NY Times Editorial Board for recognizing the importance of these issues and making their position clear.
Using two new punctuation marks, the question comma and the exclamation comma: and respectively, inquisitiveness and exclamation may be expressed within a written sentence structure, so that thoughts may be more easily and clearly conveyed to readers. The new punctuation marks are for use within a written sentence between words as a comma, but with more feeling or inquisitiveness.
Seems that this is sort of an addition to the faddish punctuation known as the Interrobang.
Anyway, he has been going after copyright issues with a vengeance. In one post he talks about a soon-to-be-published paper in which he advocates for a copyright registry to reduce the costs of extensive copyright terms (Fair Use and Licensing). The argument sounds similar to Lessig's that, after a certain point, copyright holders should have to pay a license fee to retain copyrig