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Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. The Copyright Wars—the first major trans-Atlantic history of copyright from its origins to today—tells this important story. Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America? The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world’s intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors’ rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment—a history that reveals that today’s open-access advocates are heirs of a venerable American tradition. Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.
Framed for murder in the town of Valley Shadow, Dave Norton finds himself on the run with saloon singer Nina Voles from both the sheriff and saloon owner Jeff Kelvin.
This book examines whether reintroducing copyright formalities is legally feasible. Based on a comprehensive and thorough analysis of copyright formalities, it sets out to establish the extent to which the current copyright system allows for their reintroduction. To this end, the author describes the role and functions of formalities, revisits the history of formalities at the national and international levels, examines the scope of the international prohibition on formalities, and scrutinizes the rationales behind this prohibition, including an in-depth examination of the validity of the argument that copyright is a 'natural right' and therefore should be protected independently of formalities. The author skilfully evaluates and contrasts the conflicting theories according to which formalities, on the one hand, add legal certainty to claims on the ownership of property, and, on the other, hamper individual authors from seeking adequate protection for their works. This book makes an important contribution to legal science by answering questions that so far have been neglected or only marginally addressed. To the degree that current copyright law permits reintroducing formalities, the author posits the specifications that will determine to a great extent what role and functions they may eventually fulfil: depending on the aims to be achieved, lawmakers must choose which types of formalities shall be imposed, and what their legal consequences shall be. This book goes a long way towards reinforcing the foundation for those decisions.
This volume suggests that the fierce debates over patent law and the discussion of invention and inventors in popular texts during the 19th century informed the parallel debate over the professional status of authors.
They borrow from published works without attribution. They remake literary creation in the image of consumption. They celebrate the art of scissors and paste. Who are these outlaws? Postmodern culture-jammers or file-sharing teens? No, they are the Copywrights--Victorian and modernist writers, among them Oscar Wilde and James Joyce, whose work wrestled with the intellectual property laws of their day.In a highly readable and thought-provoking book that places today's copyright wars in historical context, Paul K. Saint-Amour asks: Would their art have survived the copyright laws of the new millennium? Revisiting major works by Wilde and Joyce as well as centos assembled by anonymous writers from existing poems, Saint-Amour sees the period 1830-1930 as a time when imaginative literature became aware of its own status as intellectual property and began to register that awareness in its subjects, plots, and formal architecture.The authors of these self-reflexive literary texts were more conscious than their precursors of the role played by consumption in both the composition and the consecration of literature. The texts in question became, in turn, part of what Saint-Amour characterizes as a "counterdiscourse" to extensive monopoly copyright, a vocal minority that insisted on a broadly conceived public domain not only as indispensable to free expression and fresh creation but as a good in itself. Recent events such as the court battle over the Copyright Term Extension Act (CTEA), which extends copyright terms by 20 years, the patenting of the human genome and of genetically altered seed lines, and high-stakes controversies over literary parody have increased public awareness of intellectual property law.In The Copywrights, Saint-Amour challenges the notion that copyright's function ends with the provision of private incentives to creation and innovation. The cases he examines lead him to argue that copyright performs a range of political, emotional, and even sacred functions that are too often ignored and that what seems to have emerged as copyright's primary function--the creation of private property incentives--must not be an end in itself.