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What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.
A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.
Introduction -- Part I. Musical Privilege. Legal Privilège and Musical Production ; Social Privilège and Musician-Masons -- Part II. Property. Private Property : Music and Authorship ; Public Servants ; Cultural Heritage : Music as Work of Art ; National Industry : Music as a "Useful" Art and Science -- Postlude : A "Detractor" Breaks his "Silence" -- Conclusion : Privilege by Any Other Name.
The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.
This history of the idea of “neighborhood” in a major American city examines the transition of Atlanta, Georgia, from a place little concerned with residential segregation, tasteful surroundings, and property control to one marked by extreme concentrations of poverty and racial and class exclusion. Using Atlanta as a lens to view the wider nation, LeeAnn Lands shows how assumptions about race and class have coalesced with attitudes toward residential landscape aesthetics and home ownership to shape public policies that promote and protect white privilege. Lands studies the diffusion of property ideologies on two separate but related levels: within academic, professional, and bureaucratic circles and within circles comprising civic elites and rank-and-file residents. By the 1920s, following the establishment of park neighborhoods such as Druid Hills and Ansley Park, white home owners approached housing and neighborhoods with a particular collection of desires and sensibilities: architectural and landscape continuity, a narrow range of housing values, orderliness, and separation from undesirable land uses—and undesirable people. By the 1950s, these desires and sensibilities had been codified in federal, state, and local standards, practices, and laws. Today, Lands argues, far more is at stake than issues of access to particular neighborhoods, because housing location is tied to the allocation of a broad range of resources, including school funding, infrastructure, and law enforcement. Long after racial segregation has been outlawed, white privilege remains embedded in our culture of home ownership.
In this now-classic work in legal and constitutional theory, Stanley I. Kutler examines one of the Supreme Court's most celebrated decisions. In 1837, the Court rules that the state of Massachusetts had the right to erect a free bridge over the Charles River even though it had previously chartered a privately owned toll bridge at the same location. The Court's decision fostered the idea of "creative destruction," a process that encourages new forms of property at the expense of older ones. Exploring the origins, context, and impact of this decision, Kutler integrates traditional American constitutional history with the "new legal history: that emphasizes the social and economic bases of legal change.
This treatise traces the historical development of the concept of fair use and discusses its application to parody, criticism, fictional characters, public figures, biographies, off-air taping, photocopying, and the First Amendment.
Corporate Privileges and Confidential Information is designed to assist inside and outside counsel in negotiating obstacles to maintaining corporate secrecy.