In this postscript, written to accompany the re-release of my book Digital Copyright under a CC-BY-ND Creative Commons License. Story time just got better with Prime Book Box, a subscription that delivers hand- picked children’s books every 1, 2, or 3 months — at 40% off List Price. : Digital Copyright: Protecting Intellectual Property on the Internet ( ): Jessica Litman: Books.
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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. No eBook available Amazon. In fact, Litman argues, the range of quality material available on the Internet clearly demonstrates — and already demonstrated in — that other incentives exist for the production and publication of content. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.
Litman’s approach is non-technical, with the more involved details and the references to statute and caselaw in endnotes to each chapter.
Is it practical to enforce such laws, or expect consumers to obey them?
The last two chapters offer some suggestions for the future. And iltman describes the shift towards technologically enforced access controls backed up by anticircumvention legislation, including bans copyrivht “circumvention devices”. Fought over by vested interests, bounced between House and Senate and committees competing for jurisdiction, and even tied up with international treaties and the World Intellectual Property Organisation, this ended up “long, internally inconsistent, difficult even for copyright experts to parse and harder still to explain.
With the “Information Superhighway” or “National Information Copyrighf NII buzzwords in the early nineties, a working group was set up under Patent Commissioner Bruce Lehman to look at related intellectual property issues. Lifman Citation Litman, Jessica D. This paperback edition includes an afterword that jesssica on later 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 Supreme Court decision in the Grokster case.
The first imagines how we or a hypothetical benevolent despot might go about revising copyright law for the information age. A long and complicated series of negotiations and compromises between the various stakeholders produced a complex law granting broad rights to copyright holders, with an extensive range of narrow exceptions designed to appease vested interests.
Is it practical to enforce such laws, or expect consumers to obey them? If digiyal want to impose the same set of rules on film studios and high school students, Litman argues that we need to pay some attention to how the latter think — and what they want. Litman breaks here for a thought experiment — if a member of the general public brought the act to a copyright lawyer, should copyrighg recommend it to them?
But popular failure to understand copyright law is not new: In this book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us.
The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.
The longest chapter, “Copyright and Compromise”, then recounts the history of copyright lawmaking from the beginning of the twentieth century down to the copyright statute. I wish I could be confident that copyright law would be the loser in such a fight.
Selected pages Messica Page.
Common terms and phrases 1st sess 2d sess amendments ASCAP authors bargain broadcast Bruce Lehman cable circumvention Commerce Committee commercial compulsory license conferences Cong Congress consumer electronics content owners copyright infringement copyright law copyright lawyers Copyright Office copyright owners copyright protection copyright revision copyright rules copyright statute current copyright DeCSS Digital Millennium Copyright distribution DMCA draft enacted exclusive rights exemption fair Grokster Hearings on H.
Incopyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners’ control over individuals’ private uses of their works. More importantly, it seeks for the first time to impose liability on ordinary citizens for violation of provisions that they have no reason to suspect are part of digitsl law, and to make noncommercial and noninfringing behavior illegal on the theory that that will help to prevent piracy.
Digital Copyright Jessica Litman Snippet view – What are the effects of such laws on the exchange of information in a free society? Description Incopyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners’ control over individuals’ private uses of their works. So Digital Copyrightby a law professor highly regarded in the area, is an important and timely publication. And we risk limiting the potential of new forms — what Litman calls “unbooks” — if we insist on applying law designed for old ones.
Digihal has changed from being a “bargain” between public and author to a “a system of economic incentives”.
Digital Copyright – Jessica Litman – Google Books
She is clearly not optimistic about the effectiveness of political lobbying though there may be more hope for that outside the US. She argues for reforms of the copyright law that reflect common sense and the way people actually behave in their daily digital interactions.
Litman law, Wayne State Univ. The Art of Making Copyright Laws. Litman’s analysis may be objective, but she is certainly not dispassionate — she states her own concerns up front: Of course, as the earlier chapters on lawmaking make clear, such an approach is unlikely. One of the arguments of the Lehman working group was that full exploitation of the NII could only happen with strong copyright protection. Central to her exegesis is a critique Read, highlight, and take notes, across web, tablet, and phone.
In Digital Copyright Jessica Litman has produced a clear and concise introduction to United States copyright law, covering its history and its interaction with the new technologies of the Internet. What are the effects of such laws on the exchange of information in a free society?
The Lehman working group report also contained a whole section on education, urging a “just say yes to licensing” advertising and reeducation campaign. Unsurprisingly, the DMCA failed to resolve the issues raised by new technologies. There has been a piecemeal repeal of the “first sale” doctrine, which allowed the purchaser of a work to sell, loan, lease, or display it without the copyright owner’s permission.
The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts. Should every interaction between ordinary consumers and copyright-protected works be restricted by law?