A Decade of the DMCA


Book Description

In 1998, the DMCA was passed into law. Since that time, many cases emerged. Background information relevant to copyright law and some cases are included.Over the past decade, some DMCA related protests were held. This book chronicles some of these events. In many cases in the past decade fair use was little or no consideration. In some of the more recent cases, fair use has been a consideration, which is somewhat of a relief to those who wish to create parodies and conduct research. However, there is no guarantee that any future cases that clearly fall under fair use will be seen as such by the courts. The examples in the book are not my DMCA story, but the story of Americans (and others) impacted by the DMCA. These are their stories, their experiences and some of their suggestions.




Copyright in the Digital Era


Book Description

Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement-a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.




Digital Copyright


Book Description

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.




Copyright:Sacred Text, Technology, and the DMCA


Book Description

This anthology brings together over a dozen articles published by David Nimmer over the past decade regarding copyright, together with updated commentary weaving together the various threads running through them. The unifying theme running through the work is the need to reconcile standards in order to protect that most ethereal creation of mankind: the written word. From that unique vantage point the discussion delves into the religious roots and sacred character of the act of creation. Religion and copyright are brought into resonance as issues from one field are deployed to illuminate those in the other. Given its culminating focus on the Digital Millennium Copyright Act this work of necessity drills deeply into current advances in technology, notably the dissemination of works over the internet. The religious perspective shines an unexpected light onto those issues as well.




The Fight Over Digital Rights


Book Description

Examines the debate over digital copyright and the new tools of political communication involved in the advocacy around the issue.




Hollywood's Copyright Wars


Book Description

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.




iTake-Over


Book Description

iTake-Over: The Recording Industry in the Digital Era sheds light on the way large corporations appropriate new technologies related to recording and distribution of audio material to maintain their market dominance in a capitalist system. All too commonly, scholars have asserted too confidently, how the rise and reign of digital music has diminished the power of major record labels. In iTake-Over, music scholar David Arditi argues otherwise, adopting a broader perspective by examining how the recording industry has strengthened copyright laws for their corporate ends at the expense of the broader public good, which has traditionally depended on the safe harbor of fair use. Arditi also challenges the dominant discourse over digital music distribution, which has largely adopted the position that the recording industry has a legitimate claim to profitability at the detriment of a shared culture. iTake-Over more specifically surveys the actual material effects that digital distribution has had on the industry. Most notable among these is how major record labels find themselves in a stronger financial position today in the music industry than they were before the launch of Napster. Arditi contends that this is largely because of reduced production and distribution costs and the steady gain in digital music sales. Moreover, instead of merely trying to counteract the phenomenon of digital distribution, the RIAA and the major record labels embraced, and then altered, the distribution system. Throughout the 1990s and early 2000s, the RIAA lobbied for legislation, built technologies, and waged war in the courts in order to shape the digital environment for music distribution. From mp3s to the Digital Millennium Copyright Act (DMCA), from the Audio Home Recording Act (AHRA) to iTunes, the major record labels and the RIAA, instead of trying to torpedo the switch to digital distribution, engineered it to their benefit—often at the expense of the public interest. Throughout, Arditi boldly asserts that the sea change to digital music did not destroy the recording industry. Rather, it stands as a testament to the recording industry’s successful management of this migration to digital production and distribution. As such, this work should appeal to musicians and music scholars, political scientists and sociologists, technologists and audio professionals seeking to grasp this remarkable change in music production and consumption.




The Digital Media Consumers' Rights Act of 2003


Book Description




Computer Games and Virtual Worlds


Book Description

This book explores and discusses how to obtain traditional intellectual property law rights in the non-traditional settings of video game and virtual world environments, and serves as a primer for researching these emerging legal issues. Each chapter addresses: end user license agreements; copyrights, patents, trademarks; and trade secrets, as addressed by U.S. law. It also covers international legal issues stemming from the multi-national user-base and foreign operation of many virtual worlds.




The Smartphone


Book Description

A technology reporter’s behind-the-scenes history of the device that has taken over our lives. How have smartphones shaped the way we socialize and interact? Who tracks our actions, our preferences, our movements as recorded by our smartphones? These are just some of the questions that Elizabeth Woyke, a journalist who has covered the industry for Bloomberg Businessweek, Forbes, and MIT Technology Review, addresses in this book. Including photos and an in-depth look at the early decades of mobile communication, The Smartphone offers not only a step-by-step account of how smartphones are designed and manufactured but also a bold exploration of the darker side of this massive industry, including the exploitation of labor, the disposal of electronic waste, and the underground networks that hack and smuggle smartphones. Featuring interviews with key figures in the development of the smartphone and expert assessments of the industry’s main players—Apple, Google, Microsoft, and Samsung—The Smartphone is the perfect introduction to this most personal of gadgets. Your smartphone will never look the same again. “The author does a good job explaining the relationships among the makers, carriers and developers, and she delivers an engrossing chapter on design trends.” —Kirkus Reviews