Starting with history of music copyright from its origins to the present, this in-depth, intriguing, and beautifully written book explores the music industry through a legal lens. Author Kevin Parks presents a practical overview of music rights and licensing, while at the same time providing perspective, context, and clarity amidst the chaos and challenges of today's music business. He also uses this historical reference viewpoint to offer considered insights into how this dynamic business may evolve in the future.
From eighteenth-century copyright law, to current-day copyright issues on the internet, to tomorrow's "celestial jukebox"—a digital repository of books, movies, and music available on demand—Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. One of the nation's leading authorities on intellectual property law, Goldstein offers an engaging, readable, and intelligent analysis of the effect of copyright on American politics, economy, and culture. Goldstein presents and analyzes key legal battles, including Supreme Court decisions on home taping and 2 Live Crew's contested sampling of Roy Orbison's "Pretty Woman." In this revised edition, the author expands the discussion to cover electronic media, including an examination of recent Napster litigation, the Digital Millennium Copyright Act, and the vexed Secure Digital Music Initiative, under which record companies attempted to develop effective encryption standards for their products. Praise for the first edition: "A clever and vibrant book that traces copyright history from the invention of the printing press through current challenges to copyright from new technologies . . . . Most compelling [on] multimedia technologies." —Sabra Chartrand, The New York Times "This eminent authority writes with clarity, lucidity and a wry sense of humor about a subject whose complexities can be daunting." —Jonathan Kirsch, Los Angeles Times "A wonderfully American tale of how law, literature, politics and megabucks intersect." —William Petrocelli, San Francisco Chronicle
The Rutgers Computer & Technology Law Journal now offers its issues in convenient and modern ebook formats for e-reader devices, apps, pads, smartphones, and computers. This second issue of Volume 40, 2014, features new articles and student contributions on topics related to: using tech to enhance pro bono work, using tech in the law classroom, BitTorrent copyright trolling, taxation of e-commerce and internet sales, and cyber insurance and tangible property. The issue also includes the annual, extensive Bibliography -- in grouped order with a useful, linked Index -- of articles and essays in all the academic journals related to technology, computers, the internet, and the law. In the new ebook edition, quality presentation includes active TOC, linked notes and Index, active URLs in notes, proper digital and Bluebook formatting, and inclusion of images and tables from the original print edition.
Boubacar, a 15-year-old boy from Africa, moves to a rural Mississippi Delta town and soon visits The Celestial Grocery, the city center presided over by a cranky second-generation Chinese proprietor and his equally cranky jukebox. The tie that binds these lives is American popular music.
Multimedia technology is a key component of the Digital Society. This book comprehensively examines the extent to which copyright and database right protect multimedia works. It does so from the perspective of UK law, but with due attention being paid to EU law, international treaties and comparative developments in other jurisdictions, such as Australia and the U.S. The central argument of the book is that the copyright and database right regimes are, for the most part, flexible enough to meet the challenges presented by multimedia. As a result, it is neither necessary nor desirable to introduce separate copyright protection or sui generis protection for multimedia works. This important and original new work will be essential reading for any lawyer engaged in advising on IP matters relating to the new media industries, and scholars and students working in intellectual property and computer law.
Non-Commercial digital piracy has seen an unprecedented rise in the wake of the digital revolution; with wide-scale downloading and sharing of copyrighted media online, often committed by otherwise law-abiding citizens. Bringing together perspectives from criminology, psychology, business, and adopting a morally neutral stance, this book offers a holistic overview of this growing phenomenon. It considers its cultural, commercial, and legal aspects, and brings together international research on a range of topics, such as copyright infringement, intellectual property, music publishing, movie piracy, and changes in consumer behaviour. This book offers a new perspective to the growing literature on cybercrime and digital security. This multi-disciplinary book is the first to bring together international research on digital piracy and will be key reading for researchers in the fields of criminology, psychology, law and business.
Explores the meaning of intellectual property in the new high-tech digital age, addressing the legal, social, and economic factors at work and provides a thought-provoking argument that those qualities that have made the Internet a dynamic force for creativity, freedom, and innovation could destroy the Intenet's potential. Reprint. 25,000 first printing.
The landscape of copyright law has changed dramatically since the last edition of Understanding Copyright Law in 2005. During the past several years both the Congress and the courts have tried to adapt copyright law to the new, interactive (internet 2.0) digital technologies, such as You-Tube, and Facebook, and to efforts like the Google Book Search Project. This new 5th edition of Understanding Copyright Law has incorporated all the recent case law and legislative developments, focusing on the challenges of the digital age. Written with clarity and precision, this 5th edition of Understanding Copyright Law remains the most accessible and comprehensive text for students of copyright law.
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.
"Trade Secret Asset Management 2018" is intended to serve company employees, owners, and attorneys as a quick course in the essential issues surrounding the identification and management of trade secret intellectual property, yet it is comprehensive enough to provide the reader with a working understanding of the nature of proprietary trade secret information and its proper stewardship. It is intended for and accessible by both attorney and non-attorney readers who need an understanding of trade secret matters for the performance of their roles within the company. This book will give the reader the vocabulary and conceptual framework required to meaningfully discuss trade secret matters with counsel.
In Moral Panics and the Copyright Wars, William Patry offers a lively, unflinching examination of the pitched battles over new technology, business models, and most of all, consumers. He lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. A centrist and believer in appropriately balanced copyright laws, Patry concludes that the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning.
In 1998 the author, a professional prankster, trademarked the phrase "freedom of expression" to show how the expression of ideas was being restricted. Now he uses intellectual property law as the focal point to show how economic concerns are seriously eroding creativity and free speech.
Our Legal System is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, Michael Trebilcock argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, pornography, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts? Finally, do people always know their own preferences, many of which may be socially conditioned? These are only a few of the issues Trebilcock explores in this sweeping analysis of the private ordering model of contract law and the major theoretical camps critiquing it, including the communication and the feminist. He examines the implication that the private ordering paradigm simultaneously promotes autonomy and welfare values, and argues that in many contexts the convergence of these values is much more contestable than its proponents claim. The book treats all the conflicting perspectives with care, acknowledging both their strengths and their weaknesses, and using them to illuminate many specific dilemmas. Trebilcock also pays close attention to how various theories may be translated into practice, revealing that ideas which appear to oppose each other at an abstract level are in fact similar when implemented at the institutional level. In conclusion, Trebilcock argues that we need to be more alert to the possibility of adopting public policies that broaden access to market opportunities for the disadvantaged. Economists, lawyers, politicalscientists, philosophers, and policy analysts will all benefit from reading this brilliant synthesis and reinterpretation of contract law.
With the radical changes in information production that the Internet has introduced, we stand at an important moment of transition, says Yochai Benkler in this thought-provoking book. The phenomenon he describes as social production is reshaping markets, while at the same time offering new opportunities to enhance individual freedom, cultural diversity, political discourse, and justice. But these results are by no means inevitable: a systematic campaign to protect the entrenched industrial information economy of the last century threatens the promise of today’s emerging networked information environment. In this comprehensive social theory of the Internet and the networked information economy, Benkler describes how patterns of information, knowledge, and cultural production are changing--and shows that the way information and knowledge are made available can either limit or enlarge the ways people can create and express themselves. He describes the range of legal and policy choices that confront us and maintains that there is much to be gained--or lost--by the decisions we make today.
PEERS, PIRATES, AND PERSUASION: RHETORIC IN THE PEER-TO-PEER DEBATES investigates the role of rhetoric in shaping public perceptions about a novel technology: peer-to-peer file-sharing networks. While broadband Internet services now allow speedy transfers of complex media files, Americans face real uncertainty about whether peer-to-peer file sharing is or should be legal. John Logie analyzes the public arguments growing out of more than five years of debate sparked by the advent of Napster, the first widely adopted peer-to-peer technology. The debate continues with the second wave of peer-to-peer file transfer utilities like Limewire, KaZaA, and BitTorrent. With PEERS, PIRATES, AND PERSUASION, Logie joins the likes of Lawrence Lessig, Siva Vaidhyanathan, Jessica Litman, and James Boyle in the ongoing effort to challenge and change current copyright law so that it fulfills its purpose of fostering creativity and innovation while protecting the rights of artists in an attention economy. Logie examines metaphoric frames-warfare, theft, piracy, sharing, and hacking, for example-that dominate the peer-to-peer debates and demonstrably shape public policy on the use and exchange of digital media. PEERS, PIRATES, AND PERSUASION identifies the Napster case as a failed opportunity for a productive national discussion on intellectual property rights and responsibilities in digital environments. Logie closes by examining the U.S. Supreme Court's ruling in the "Grokster" case, in which leading peer-to-peer companies were found to be actively inducing copyright infringement. The Grokster case, Logie contends, has already produced the chilling effects that will stifle the innovative spirit at the heart of the Internet and networked communities. ABOUT THE AUTHOR John Logie is Associate Professor of Rhetoric at the University of Minnesota.
Social movements inspired by powerful ideological beliefs continue to define global and national politics. In Yugoslavia, civil war is justified in the name of religion and ethnic identity. The Arab-Israeli conflict rages on, fuelled on either side by a conviction of indisputable ideological truth. Closer to home, American religious organizations consistently challenge political authority in the name of a higher morality. Existing theories either ignore the role of religion in social movement formation or discredit the claim that religious convictions can directly lead adherents to engage in political action. Through a detailed analysis of American and British evangelical Christians, J. Christopher Soper here demonstrates that religious commitments were, in fact, crucial in promoting political activism in both countries. Evangelical Christianity in the United States and Great Britain is the first book to provide such a comparative perspective. Focussing on the temperance movement and the politics of abortion, Soper highlights the similarities, and equally intriguing differences, between British and American political/evangelical structures. Using interviews and literature gathered from evangelical organizations on both sides of the Atlantic, he paints a fascinating picture of a hitherto neglected aspect of social movement theory. Evangelical Christianity in the United States and Great Britain is an invaluable new resource for scholars of religious studies, political science and sociology alike. Soper provides a unique model with which to view a dominant political trend: the mobilization of collective action groups around a set of powerful beliefs. His research can thus be applied beyond the boundaries of his chosen topic, and will be an important contribution to the study of any movement in which ideology assumes a significant role.
This casebook provides a comprehensive survey of the primary entertainment law practice areas, including theater, motion pictures, music, and television. Although the book does not attempt to serve as a casebook for copyright, First Amendment, or trademark law, each of these legal doctrines are covered in sufficient fashion that a student without prior exposure to one or more of these doctrinal areas can still participate in an Entertainment Law course.The book addresses both the practical aspects of entertainment and the fundamental underpinnings of entertainment law. The selection of topics is based on what practitioners face, and the materials are selected to build a solid theoretical basis for that topic.This is the only book in the entertainment law field to address and integrate the need to teach the practitioner's issues with the jurisprudential framework necessary to make the course appropriate to the law school curriculum. It is especially useful for adjunct professors teaching the course because of its organization around the relevant issues to the practitioner.
There is more to parking law than just parking penalties. Considering the ways in which law works in everyday life, and in familiar places of common experience where the presence of law is not obvious, this book explores the various notions of the right to park, which jurisprudentially is enacted between individuals in everyday parking. From parking areas to the courtroom, parking engenders disputes over equality, speech, legitimacy, and entitlement that reach beyond the stated scope of policy. Looking beyond the obvious, this book examines the contested site of the parking space as a place of socio-legal meaning where property claims and rights shape identities. Adopting a constitutive approach to the study of law, the book examines how regulation of parking policy is at odds with the force of localised politics, producing competing notions of legality and examples of legal semiotics within the terrain of legal geography.
Media literacy educators rely on the ability to make use of copyrighted materials from mass media, digital media and popular culture for both analysis and production activities. Whether they work in higher education, elementary and secondary schools, or in informal learning settings in libraries, community and non-profit organizations, educators know that the practice of media literacy depends on a robust interpretation of copyright and fair use. With chapters written by leading scholars and practitioners from the fields of media studies, education, writing and rhetoric, law and society, library and information studies, and the digital humanities, this companion provides a scholarly and professional context for understanding the ways in which new conceptualizations of copyright and fair use are shaping the pedagogical practices of media literacy.