Foreword

The challenges of reproducing, disseminating and yet protecting the intellectual property of artists, contractual presenters, distributors and institutional custodians of their works in this cybernetic age became the spirited subject of discussion and debate at a day-long symposium this past December 13th. Under the aegis of The New York International Festival of the Arts, the conference brought together practitioners from various areas of specialization (e.g. music, visual arts, film and video, performing arts, cultural institutions, libraries, publishing houses, the communications industry and the law) to foster interdisciplinary discussions among those who are impacted by these issues.

The seeds for this conference were sown in November of 1993 at the three-day series of "Arts and Technology" seminars, also sponsored by NYIFA, which joined artists and the stewards of arts institutions with the scientists, technological experts and communications people who were responsible in good measure for the electronic revolution. The participants were confronted with the awesome realities and mind-boggling potentials of the computer era: its speed and scope of dissemination, its monumental memory and capacity, and the fidelity of digitized reproduction. Convinced that they "could not push the genie back into the bottle," the conferees called for more definitive discussions of how the creative community, the curatorial institutions and legitimate distributors and business could protect their economic interests. Thus was born last December's Conference on Intellectual Property Rights and the Arts: The Impact of New Technologies.

While the dimensions of the problem seem to be expanding in all directions at warp speed, the issues at stake are rooted deeply in mankind's creative history. More than 2,000 years ago in ancient Rome, during the reign of Augustus, a law was enacted securing for the scribes the rights to the materials they wrote. It was the progenitor of the copyright common laws and compacts that began to be codified seven and eight centuries later. Now our current bodies of law and our international agreements become the focus of new and vexing concern as faxes, scanners, CD-ROMs and computer networks proliferate and "copy" becomes more of a routine than a right.

Attended by more than 150 invited guests representing most of the affected disciplines, the discussions ranged widely -- from the concern of artists and their representatives about unauthorized copying of their works to worrisome copyright concessions that our Government has made in the GATT trade agreements. As a jocular extension of these concerns, the representative from ASCAP cautioned us about singing "Happy Birthday" to Council Speaker Peter Vallone (who opened the sessions with official greetings) without the permission of the composer.

Obviously, the conference was not expected or designed to reach a consensus. Rather, its purposes were to inform and update the arts, the cultural community and business interests on intellectual property issues; to create contacts and opportunities for collaboration; and to provide a more rational base to carry out creative activities with less fear and confusion about becoming "road kill" on the electronic information superhighway.

Based on the comments and communications from those who had attended the conference, our basic objectives seem to have been accomplished. Yet the wish to come to closure on some of the vital issues relating to intellectual property seemed to persist -- during and after the conference. The stimulation and ferment created by the speakers and the panelists -- and among the conferees -- was quite apparent. Appropriate follow-up activities have been suggested.

Successful ventures just don't happen without planning and funding. There is a particular debt owed to the planners, sponsors, board members, speakers, moderators and panelists who offered valuable contributions and participation, and to The Museum of Television & Radio for graciously hosting the conference.

As we approach the exciting prospects of the 21st century, it is hoped that in some measure this conference might be looked upon as an important springboard for the evolution in the arts.

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