Triple Fixation – from Ideas to Tangible Mediums
In the context of digital copyright law:
- Works (literature, music, painting) are fixed expression of ideas;
- Intangible mediums (digital files) are fixation of works with certain digital format in specific sequence;
- Tangible mediums (CD, hard disk, flash storage) are fixation of intangible mediums.
This three "fixation" are fundamentally distinct from each other. In my view, the solution of the copyright dilemma in the digital age have to be sought from this triple fixation, or any revision to the copyright statutes in the digital age will conflict to the traditional framework that formed in the paper-based material age. The discovery of the intangible mediums is one of my most important academic achievements in recent years. Hope this can be widely accepted.
I am now writing the thesis in which elaborated this dicovery. To discuss this topic, please contact me at Donnie[AT]BLawgDog.com. If you can read Chinese, please also refer to the following article – I raised the concept of intangible mediums firstly in this paper:
DONG Hao:
Neighboring Right Owners’ Right of Communication to the Public through Information Networks