moral panics and the copyright wars

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Moral Panics And The Copyright Wars

Author : William Patry
ISBN : 0199743940
Genre : Technology & Engineering
File Size : 78. 88 MB
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Metaphors, moral panics, folk devils, Jack Valenti, Joseph Schumpeter, John Maynard Keynes, predictable irrationality, and free market fundamentalism are a few of the topics covered in this lively, unflinching examination of the Copyright Wars: the pitched battles over new technology, business models, and most of all, consumers. In Moral Panics and the Copyright Wars, William Patry lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. Patry demonstrates how copyright is a utilitarian government program--not a property or moral right. As a government program, copyright must be regulated and held accountable to ensure it is serving its public purpose. Just as Wall Street must serve Main Street, neither can copyright be left to a Reaganite "magic of the market." The way we have come to talk about copyright--metaphoric language demonizing everyone involved--has led to bad business and bad policy decisions. Unless we recognize that the debates over copyright are debates over business models, we will never be able to make the correct business and policy decisions. A centrist and believer in appropriately balanced copyright laws, Patry concludes that calls for strong copyright laws, just like calls for weak copyright laws, miss the point entirely: the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning. Our current regime, unfortunately, creates too many bad incentives, leading to bad conduct. Just as President Obama has called for re-tooling and re-imagining the auto industry, Patry calls for a remaking of our copyright laws so that they may once again be respected.

How To Fix Copyright

Author : William Patry
ISBN : 9780199912919
Genre : Law
File Size : 80. 10 MB
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Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy? These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.

Hollywood S Copyright Wars

Author : Peter Decherney
ISBN : 9780231159470
Genre : Performing Arts
File Size : 43. 53 MB
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Beginning with Thomas Edison's aggressive copyright disputes and concluding with recent lawsuits against YouTube, Hollywood's Copyright Wars follows the struggle of the film, television, and digital media industries to influence and adapt to copyright law. Though much of Hollywood's engagement with the law occurs offstage, in the larger theater of copyright, many of Hollywood's most valued treasures, from Modern Times (1936) to Star Wars (1977), cannot be fully understood without appreciating their legal controversies. Peter Decherney shows that the history of intellectual property in Hollywood has not always mirrored the evolution of the law and recounts these extralegal solutions and their impact on American media and culture.

Reclaiming Fair Use

Author : Patricia Aufderheide
ISBN : 9780226374222
Genre : Law
File Size : 22. 68 MB
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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.

Selling Rights

Author : Lynette Owen
ISBN : 9781135176273
Genre : Language Arts & Disciplines
File Size : 31. 24 MB
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Selling Rights is a practical and accessible guide to all aspects of selling rights and co-publications throughout the world. The sixth edition of this authoritative handbook has been updated to include the changes which have taken place in technology, sales and distribution, and legislation in the United Kingdom and overseas, especially relating to web 2.0. Selling Rights covers the full range of potential rights, from English-language territorial rights, book club and paperback sales through to serial rights, translation rights, dramatization and documentary rights, and electronic publishing and multimedia. This fully revised and updated edition of Selling Rights includes: the need to deal with the use of orphan works, the entry of more countries into membership of the international copyright conventions and initiatives to tackle electronic piracy developments in the area of parallel importation practical advice on rights management systems and on more efficient ways to promote and submit titles to potential licensees developments in the licensing of translation rights coverage of collective licensing systems for the use of extracts from copyright works initiatives to make copyright works more accessible to the reading-impaired recent developments in e-publishing, such as the new e-readers, downloadable audiobooks, and the rise of the mobile phone important distinctions such as whether e-books constitute sales or licences.

We Believe The Children

Author : Richard Beck
ISBN : 9781610392884
Genre : History
File Size : 89. 96 MB
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In the 1980s in California, New Jersey, and New York, Michigan, Massachusetts, and Florida, Tennessee, Texas, Ohio, and elsewhere, daycare workers were arrested, charged, tried, and convicted of committing horrible sexual crimes against the children they cared for. These crimes, prosecutors said, had gone undetected for years, and their brutality and sadism defied all imagining. What's more, the abusers had photographed and videotaped their victims, distributing the images through a sophisticated international network of child pornographers. More often than not, violent satanic cult worship had also played a central role, with children made to watch forced abortions in cemeteries and then eat hacked-off bits of the little corpses. In just over a decade, thousands of people in every part of the country were investigated as child sex abusers, and some one-hundred and fifty of them were sent to prison. But, none of it happened. It was an epic decade-long outbreak of collective hysteria – on a par with the Salem witch trials or the red scares of the 1950s. Using extensive archival research conducted in Los Angeles, Miami, New York, and elsewhere, and drawing on dozens of interviews conducted with the hysteria's major figures, Richard Beck shows how a group of legislators, doctors, lawyers, and parents, all working with the best of intentions, set the stage for a judicial disaster. A number of opportunistic journalists helped to carry the story from state to state, and the silence of their colleagues, who should have known better, allowed it to keep spreading long after it became clear that the story was simply unsupported by evidence. Beck reveals how a small group of skeptics finally began working to slow the runaway train in the last half of the decade, and he explores the fates of those accused and convicted of these unbelievable crimes, the casualties of a culture war. It is this culture war that is the books pervasive subtext – the conditions that made possible the demented frenzy of accusations were very specific, and at the root of them were competing visions of society and the things that threatened it most.

The Rise Of Victimhood Culture

Author : Bradley Campbell
ISBN : 9783319703299
Genre : Social Science
File Size : 51. 72 MB
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The Rise of Victimhood Culture offers a framework for understanding recent moral conflicts at U.S. universities, which have bled into society at large. These are not the familiar clashes between liberals and conservatives or the religious and the secular: instead, they are clashes between a new moral culture—victimhood culture—and a more traditional culture of dignity. Even as students increasingly demand trigger warnings and “safe spaces,” many young people are quick to police the words and deeds of others, who in turn claim that political correctness has run amok. Interestingly, members of both camps often consider themselves victims of the other. In tracking the rise of victimhood culture, Bradley Campbell and Jason Manning help to decode an often dizzying cultural milieu, from campus riots over conservative speakers and debates around free speech to the election of Donald Trump.

Digital Copyright

Author : Jessica Litman
ISBN : 9781615920518
Genre : Law
File Size : 84. 85 MB
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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.

The Teacher Wars

Author : Dana Goldstein
ISBN : 9780385536967
Genre : Education
File Size : 48. 94 MB
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In her groundbreaking history of 175 years of American education, Dana Goldstein finds answers in the past to the controversies that plague our public schools today. Teaching is a wildly contentious profession in America, one attacked and admired in equal measure. In The Teacher Wars, a rich, lively, and unprecedented history of public school teaching, Dana Goldstein reveals that teachers have been similarly embattled for nearly two centuries. From the genteel founding of the common schools movement in the nineteenth century to the violent inner-city teacher strikes of the 1960s and '70s, from the dispatching of Northeastern women to frontier schoolhouses to the founding of Teach for America on the Princeton University campus in 1989, Goldstein shows that the same issues have continued to bedevil us: Who should teach? What should be taught? Who should be held accountable for how our children learn? She uncovers the surprising roots of hot button issues, from teacher tenure to charter schools, and finds that recent popular ideas to improve schools—instituting merit pay, evaluating teachers by student test scores, ranking and firing veteran teachers, and recruiting “elite” graduates to teach—are all approaches that have been tried in the past without producing widespread change. And she also discovers an emerging effort that stands a real chance of transforming our schools for the better: drawing on the best practices of the three million public school teachers we already have in order to improve learning throughout our nation’s classrooms. The Teacher Wars upends the conversation about American education by bringing the lessons of history to bear on the dilemmas we confront today. By asking “How did we get here?” Dana Goldstein brilliantly illuminates the path forward.

Piracy

Author : Adrian Johns
ISBN : 0226401200
Genre : Law
File Size : 90. 14 MB
Format : PDF, Kindle
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Since the rise of Napster and other file-sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motion Picture Association of America, for instance, claimed that in 2005 the film industry lost $2.3 billion in revenue to piracy online. But here Adrian Johns shows that piracy has a much longer and more vital history than we have realized—one that has been largely forgotten and is little understood. Piracy explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet in the twenty-first. Brimming with broader implications for today’s debates over open access, fair use, free culture, and the like, Johns’s book ultimately argues that piracy has always stood at the center of our attempts to reconcile creativity and commerce—and that piracy has been an engine of social, technological, and intellectual innovations as often as it has been their adversary. From Cervantes to Sonny Bono, from Maria Callas to Microsoft, from Grub Street to Google, no chapter in the story of piracy evades Johns’s graceful analysis in what will be the definitive history of the subject for years to come.

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