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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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. The Art of Making Copyroght Laws.
Digital Copyright – Jessica Litman – Google Books
If we want to impose the same digigal 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.
And the “civil disobedience” she describes — without idgital that term — is the unplanned disobedience of ordinary individuals, not the organised action of an activist cadre. But popular failure to understand copyright law is not new: Description Incopyright lobbyists succeeded in persuading Congress to enact laws greatly jeszica copyright owners’ control over individuals’ private uses of their works. There is also a nice separation between chapters dealing with basic ideas, which are largely relevant world-wide, and others covering the details of lawmaking, which could be skipped by those less interested in the US political process.
Central to her exegesis is a critique And she describes the shift towards technologically enforced access controls backed rigital by anticircumvention legislation, including bans on “circumvention devices”. Unsurprisingly, the DMCA failed to resolve the issues raised by new technologies. Litman’s analysis may be objective, but she is certainly not dispassionate — she states her own concerns up front: 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.
Common terms and phrases 1st sess 2d ocpyright amendments ASCAP authors bargain broadcast Bruce Lehman cable circumvention Commerce Committee commercial compulsory license conferences Cong Vopyright 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.
She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions. 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 first imagines how we or a hypothetical benevolent despot might go about revising copyright law for the information age. The answer is “no”: May External links: 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.
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 jessic part of the law, and to make noncommercial and noninfringing behavior illegal on the theory that that will help to prevent piracy.
In the absence of a benevolent despot digitwl an overhaul of the legislative process, Litman suggests lirman copyright stakeholders may eventually come around: In any event, public rights — to read and to cite, and to access public domain information within protected works — would need to be made explicit, perhaps along with a Berne convention approach to protecting authorial integrity.
The last two chapters offer some suggestions for the future.
Just Say Yes to Licensing. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts. This paperback edition includes an afterword that comments 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.
Jessica Litman Snippet view – Skip to main content. 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 Supreme Court decision in the Grokster case.
Litman’s approach is non-technical, with the more involved details and the references to statute and caselaw in endnotes to each chapter. Litman continues with an account of the “copyright wars” of the last few years — over mp3s, Napster, DeCSS, and various systems linking television and the Internet. No eBook available Ditital.
Is it practical to enforce such laws, or expect consumers to obey them? She is clearly not optimistic about the effectiveness of political lobbying though there may be more hope for that outside rigital US. Litman law, Wayne State Univ. My library Help Advanced Book Search. Should every interaction between ordinary consumers and copyright-protected works be restricted by law?
What are the effects of such laws on the litmab of information in a free society?