In the political fight over copyright, Internet advocacy has reshaped the playing field. This was shown in the 2012 'SOPA blackout', when the largest online protest in history stopped two copyright ...bills in their tracks. This protest was the culmination of an intellectual and political evolution more than a decade in the making. This book examines the debate over digital copyright, from the late 1980s through early 2012, and the new tools of political communication involved in the advocacy around the issue. Drawing on methods from legal studies, political science and communications, it explores the rise of a coalition seeking more limited copyright, as well as how these early-adopting, technology-savvy policy advocates used online communication to shock the world. It compares key bills, congressional debates, and offline and online media coverage using quantitative and qualitative methods to create a rigorous study for researchers that is also accessible to a general audience.
The evolution of activism against the expansion of copyright in the digital domain, with case studies of resistance including eBook and iTunes hacks.
The movement against restrictive digital ...copyright protection arose largely in response to the excesses of the Digital Millennium Copyright Act (DMCA) of 1998. In The Digital Rights Movement, Hector Postigo shows that what began as an assertion of consumer rights to digital content has become something broader: a movement concerned not just with consumers and gadgets but with cultural ownership. Increasingly stringent laws and technological measures are more than incoveniences; they lock up access to our “cultural commons.”
Postigo describes the legislative history of the DMCA and how policy “blind spots” produced a law at odds with existing and emerging consumer practices. Yet the DMCA established a political and legal rationale brought to bear on digital media, the Internet, and other new technologies. Drawing on social movement theory and science and technology studies, Postigo presents case studies of resistance to increased control over digital media, describing a host of tactics that range from hacking to lobbying.
Postigo discusses the movement's new, user-centered conception of “fair use” that seeks to legitimize noncommercial personal and creative uses such as copying legitimately purchased content and remixing music and video tracks. He introduces the concept of technological resistance—when hackers and users design and deploy technologies that allows access to digital content despite technological protection mechanisms—as the flip side to the technological enforcement represented by digital copy protection and a crucial tactic for the movement.
Through a series of vivid case studies, Authors in Court charts the 300-year-long dance between authorship and copyright that has shaped each institution's response to changing social norms of ...identity, privacy, and celebrity. "A literary historian by training, Rose is completely at home in the world of law, as well as the history of photography and art. This is the work of an interdisciplinary scholar at the height of his powers. The arguments are sophisticated and the elegant text is a work of real craftsmanship. It is superb." -Lionel Bently, University of Cambridge "Authors in Court is well-written, erudite, informative, and engaging throughout. As the chapters go along, we see the way that personalities inflect the supposedly impartial law; we see the role of gender in authorial self-fashioning; we see some of the fault lines which produce litigation; and we get a nice history of the evolution of the fair use doctrine. This is a book that should at least be on reserve for any IP-related course. Going forward, no one writing about any of the cases Rose discusses can afford to ignore his contribution." -Lewis Hyde, Kenyon College
The copyright wars Baldwin, Peter
2014., 20140922, 2016, 2014, 2014-09-22
eBook
Open access
Today’s copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday life, fights over intellectual property have pitted ...creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. The Copyright Wars—the first major trans-Atlantic history of copyright from its origins to today—tells this important story. Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America? The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world’s intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors’ rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment—a history that reveals that today’s open-access advocates are heirs of a venerable American tradition. Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.
Remix Lessig, Lawrence
2008, 2009, 2009-01-01
eBook
Open access
This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. Lawrence Lessig, the reigning authority on intellectual property ...in the Internet age, spotlights the newest and possibly the most harmful culture war-a war waged against our children and others who create and consume art. Copyright laws have ceased to perform their original, beneficial role: protecting artists' creations while allowing them to build on previous creative works. In fact, our system now criminalises those very actions. By embracing "read-write culture," which allows its users to create art as readily as they consume it, we can ensure that creators get the support-artistic, commercial, and ethical-that they deserve and need. Indeed, we can already see glimmers of a new hybrid economy that combines the profit motives of traditional business with the "sharing economy" evident in such websites as Wikipedia and YouTube. The hybrid economy will become ever more prominent in every creative realm-from news to music-and Lessig shows how we can and should use it to benefit those who make and consume culture. Remix is an urgent, eloquent plea to end a war that harms our children and other intrepid creative users of new technologies. It also offers an inspiring vision of the post-war world where enormous opportunities await those who view art as a resource to be shared openly rather than a commodity to be hoarded.
Jane Secker and Chris Morrison have completely revised and updated this highly successful text to take into account recent developments in the field and changes to the law in the UK and elsewhere in ...the world. Through its practically based overview of current and emerging copyright issues facing those working in e-learning, this book will help equip professionals with the tools, skills and understanding they need to work confidently and effectively in the virtual learning environment with the knowledge that they are doing so legally. New and developing services, software and other technologies are being adapted for online learning environments to engage students and academic staff. These technologies present increasing challenges to IPR and legal issues and this book will help librarians and educators to meet them.
What can and can’t be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental ...notions of communication and censorship, of authorship and ownership—of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in 1644 accused the English parliament of having been deceived by the ‘fraud of some old patentees and monopolizers in the trade of bookselling’ (i.e. the London Stationers’ Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Some of the essays also address the specific evolution of rights associated with the visual and performing arts. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC). Privilege and Property is recommended in the Times Higher Education Textbook Guide (November, 2010).
Copyright is under siege. From file sharing to vast library scanning projects, new technologies, actors, and attitudes toward intellectual property threaten the value of creative work. However, while ...digital media and the Internet have made making and sharing perfect copies of original works almost effortless, debates about protecting authors' rights are nothing new. In this sweeping account of the evolution of copyright law since the mid-nineteenth century, Monika Dommann explores how radical media changes—from sheet music and phonographs to photocopiers and networked information systems—have challenged and transformed legal and cultural concept of authors' rights. Dommann provides a critical transatlantic perspective on developments in copyright law and mechanical reproduction of words and music, charting how artists, media companies, and lawmakers in the United States and western Europe approached the complex tangle of technological innovation, intellectual property, and consumer interests. From the seemingly innocuous music box, invented around 1800, to BASF's magnetic tapes and Xerox machines, she demonstrates how copyright has been continuously destabilized by emerging technologies, requiring new legal norms to regulate commercial and private copying practices. Without minimizing digital media's radical disruption to notions of intellectual property, Dommann uncovers the deep historical roots of the conflict between copyright and media—a story that can inform present- day debates over the legal protection of authorship.
It was a time when music fans copied and traded recordings without permission. An outraged music industry pushed Congress to pass anti-piracy legislation. Yes, that time is now; it was also the era ...of Napster in the 1990s, of cassette tapes in the 1970s, of reel-to-reel tapes in the 1950s, even the phonograph epoch of the 1930s. Piracy, it turns out, is as old as recorded music itself. This book uncovers the little-known history of music piracy and its sweeping effects on the definition of copyright in the United States. When copyright emerged, only visual material such as books and maps were thought to deserve protection; even musical compositions were not included until 1831. Once a performance could be captured on a wax cylinder or vinyl disc, profound questions arose over the meaning of intellectual property. Is only a written composition defined as a piece of art? If a singer performs a different interpretation of a song, is it a new and distinct work? Such questions have only grown more pressing with the rise of sampling and other forms of musical pastiche. Indeed, music has become the prime battleground between piracy and copyright. It is compact, making it easy to copy. And it is highly social, shared or traded through social networks—often networks that arise around music itself. But such networks also pose a counter-argument: as channels for copying and sharing sounds, they were instrumental in nourishing hip-hop and other new forms of music central to American culture today.
