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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.
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.
This volume is a guide to intellectual property. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. This work includes an introduction to the basics of copyrights, patents, and trademarks and written especially to serve the needs and questions of librarians. The issue of what constitutes fair use, modern-day disputes over file swapping services such as Napster, common misconceptions about patent, among many other topics, is presented in easy-to-understand terms.
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
After decades of professional dissatisfaction and legislative debate, the Congress in 1976 passed a new copyright act to replace the Copyright Act of 1909. In this book, the author focuses upon the meaning of the "exclusive rights" Constitutional language where writers are concerned, and from his analysis, shows how, when copies of an author's work are made under either the fair-use doctrine or a special exemption for library reproduction of copyrighted works, the 1976 Act has failed to solve old problems and has introduced troublesome new ones. A principal contribution of the book is its analysis of the theoretical foundations of copyright and the establishment of a conceptually coherent framework for the continuing debate on the appropriate limits of copyright protection. Of obvious value to the Copyright Bar and the judiciary, it is also a book that authors, literary agents, and publishers will find they need.
Presents a new perspective on copyright law and the legal rights of individuals to use copyright material.
In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when a permissions i proves undottable. Analyzing the dampening effect that copyright law can have on scholarship and creativity, Patricia Aufderheide and Peter Jaszi urge us to embrace in response a principle embedded in copyright law itself—fair use. Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies. Beginning with a survey of the contemporary landscape of copyright law, Aufderheide and Jaszi drew on their years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals to lay out in detail how the principles of fair-use can be employed to avoid copyright violation. Taking stock of the vibrant remix culture that has only burgeoned since the book’s original publication, this new edition addresses the expanded reach of fair use—tracking the Twitter hashtag #WTFU (where’s the fair use?), the maturing of the transformativeness measure in legal disputes, the ongoing fight against automatic detection software, and the progress and delays of digitization initiatives around the country. Full of no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in law, creativity, and the ever-broadening realm of new media.
The primary focus of this comprehensive text is on the Copyright Act of 1976 & the developing case law in our digital age & networked environment. Copyright law is presented in its institutional, economic & historical contexts. Its relationship with other areas of intellectual property law is explored. explores the latest statutory changes, the Digital Millennium Copyright Act, & the Sonny Bono Term Extension Act recently passed by Congress. This highly effective text provides students with the necessary background & current doctrine to analyze copyright problems properly.