Here’s a simple way of looking at things for those at the intersection of intellectual property and technology. There are two basic choices with any given use of intellectual property: block/deny or license. Each choice comes with a submenu of options, and that’s where things can get sticky. With “block/deny,” it’s a question of which regulations and technologies can be applied to allow owners/creators to exercise their rights, along with which exceptions/limitations to those rights best serve the public interest (and let’s not forget the fact that authors and the public are the express Constitutional beneficiaries of intellectual property and copyright). Option II, “license,” is what establishes the marketplace for content and innovation. The questions here are about efficiency, investment and equity. In this space, things are rarely black and white. There are compromises and tradeoffs within both buckets. It should be the goal of industry and policymakers alike to ensure that any agreements—statutory or marketplace—serve the fundamental interests laid out in Article I, Section 8, Clause 8 of the United States Constitution.
Here at Heru, we're committed to helping you understand your options and how they can be exercised within a policy and marketplace framework. Understanding what's coming around the bend is crucial to success in this space. Drop us a line for a free introductory consultation.