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.
Mark Davison examines several legal models designed to protect databases, considering in particular the EU Directive, the history of its adoption and its transposition into national laws. He compares ...the Directive with a range of American legislative proposals, as well as the principles of misappropriation that underpin them. In addition, the book also contains a commentary on the appropriateness of the various models in the context of moves for an international agreement on the topic. This book will be of interest to academics and practitioners, including those involved with databases and other forms of new media.
Copyright law is a critical issue for authors, librarians, publishers, and information vendors. It is also a complex area, with many shades of gray. Librarians continually need to seek answers to ...questions ranging from the reproduction of copyrighted works for library users, through the performance of audiovisual works, to the digitization and display of protected works on library websites. This book presents updated versions of the author’s copyright columns published in Against the Grain, the leading journal in acquisitions librarianship since the late 1990s. It is the first volume in the series Charleston Insights in Library, Archival, and Information Sciences. The aim of the Charleston Insights series is to focus on important topics in library and information science, presenting the issues in a relatively jargon-free way that is accessible to all types of information professionals, including librarians, publishers, and vendors, and this goal shapes the pragmatic and accessible tone of the book. The volume is presented in question-and-answer format. The questions are real, submitted by librarians, educators, and other information professionals who have attended the author’s copyright law workshops and presentations or submitted them to her by e-mail or telephone. The author has selected the questions and answers that have general applicability. She has then arranged them into logical chapters, each prefaced by a short introduction to the topic. Because it is written in an accessible and clear style, readers may want to review the entire work or they can just access particular chapters or even specific questions as they need them. The volume includes an index to facilitate reference use.
Copyright Law in an Age of Limitations and Exceptions brings together leading copyright scholars and the field's foremost authorities to consider the critical role of copyright law in shaping the ...complex social, economic, and political interaction critical for cultural productivity and human flourishing. The book addresses defining issues facing copyright law today, including justifications for copyright law's limitations and exceptions (L&Es), the role of authors in copyright, users' rights, fair use politics and reform, the three-step test in European copyright law, the idea/expression principle with respect to functional works, limits on the use of L&Es in scientific innovation, and L&Es as a tool for economic development in international copyright law. The book also presents case studies on the historical development of the concept of 'neighboring rights' and on Harvard Law School's pioneering model of global copyright education, made possible by the exercise of L&Es across national borders.
In this original study of intellectual property rights (IPR) in relation to state capacity, Dimitrov analyzes this puzzle by offering the first systematic analysis of all IPR enforcement avenues in ...China, across all IPR subtypes. He shows that the extremely high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and as such serves only to perpetuate IPR violations. In the area of patents, however, he finds a low volume of high-quality enforcement. In light of these findings, the book develops a theory of state capacity that conceptualizes the Chinese state as simultaneously weak and strong. The book draws on extensive fieldwork in China and five other countries, as well as on 10 unique IPR enforcement datasets that exploit previously unexplored sources, including case files of private investigation firms.
Navigating Copyright for Libraries Jessica Coates, Victoria Owen, Susan Reilly / Jessica Coates, Victoria Owen, Susan Reilly
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Much of the information that libraries make available is protected by copyright or subject to the terms of license agreements. This reader presents an overview of current issues in copyright law ...reform. The chapters present salient points, overviews of the law and legal concepts, selected comparisons of approaches around the world, significance of the topic, and opportunities for reform, advocacy, and other related resources.
Piracy in the Indian Film Industry: Copyright and Cultural Consonance sheds light on how copyright law works at the grassroots level in India, by exploring the social, cultural, historical, legal and ...economic dimensions of piracy in one of the biggest copyright-based industries: the Indian film industry. Based on extensive fieldwork, this book provides novel and insightful findings on the complexity and diversity of perceptions regarding piracy within Indian society. The bottom-up approach to analysis adopted in the book elucidates how local factors influence copyright enforcement and the book proposes a mix of positive and negative incentives to increase the voluntary compliance of copyright law in India.