Systems of control and regulation: Copyright issues, digital divides and citizens’ rights

Abstract

This article opens with a discussion of what is implied by the term ‘convergence’ in communications systems, linking it to a related process of divergence. An important aspect of the process of convergence is how systems of control and administration increasingly become a central element in converging media and communications systems. This applies both to issues related to freedom of expression and information, and copyright (or rather, authors’ rights). The main thrust of the article is a discussion of what is implied by copyright in an electronic environment – the focus is on trying to balance the interests of creators and producers with the interests of users in a new copyright environment. In this context the rights of authors, publishers and the public are addressed, in relation to a tendency to commercialise everything. Thus the article implies a defence of the importance of having strong copyright legislation, with a critique of the tendency to extend the principle too widely. It thus proposes to extend the public service concept from broadcasting to other forms of communication. With this as background, the article discusses initiatives such as the ‘creative commons’ movement. Against the backdrop of how copyright and authors’ rights can be looked at from the perspective of citizens’ rights, the article furthermore treats issues related to the question of communication systems and development of the ‘digital divide’. The essay ends with a principled discussion of how to protect fundamental human rights such as freedom of expression and information, as well as privacy in the new environment of communication rights management.