Chapter 4: Intellectual Property
Written by Nia Junod
In the Black Mirror Episode, "Joan is Awful," the concept of intellectual property is explored uniquely. The show depicts Joan's life and how her every move is turned into a live television series generated by an AI quantum computer without her consent. The show highlights the importance of ownership and control over someone's personal life as Joan tries to talk to her lawyer[1], who says that she has already consented and that nothing more can be done to stop the show. When signing up for Streamberry, she untimely signed her rights away, giving them full consent [2]. Regarding whether or not contracts are binding, the textbook discusses a binding contract as mutual assent, consideration, capacity, and legality [7]. It seems unclear when Joan’s lawyer showed her the paper; she appeared confused.
The show also raises questions about copyright law and fair use, as Streamberrry commercially exploits Joan's life and how awful everyone else's[3]. It explores the ethical implications of using real-life events without property consent or attribution. Copyright laws and fair use do not typically cover real-life events, but how the right to privacy and publicity could protect Joan[7]. Was Joan misled about the extent of surveillance and the use of her data? Is this agreement voidable due to misinterpretation?
The episode further reflects concerns about digital technology's impact on personal privacy and creative control. Streamberry’s use of advanced technology, such as the quantum computer[5], challenges confidentiality and data usage and blurs reality and entertainment.
This show exposes and teaches the importance of creators controlling how their work is used and distributed. It also emphasizes the need to be aware of creators' rights, essential for protecting innovation and creativity. Ultimately, "Joan is Awful" reminds us that intellectual property rights are crucial in today's digital age and that we must balance protecting creators' rights and promoting innovation[4]. For innovation and creativity to be truly protected and encouraged, the legal system must ensure contracts are just and enforceable. For Joan, there is a gap in intellectual property, privacy law, and digital exploitation. Let this serve as a lesson for the future, ensuring that individual rights are not signed away by signing up for a streaming service but are protected as the foundation of a just and equitable digital society.