Reclaiming Fair Use

Author: Patricia Aufderheide
Publisher: University of Chicago Press
ISBN: 022637422X
Size: 59.37 MB
Format: PDF, Docs
View: 7562
Download Read Online
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 Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies.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.

How To Fix Copyright

Author: William Patry
Publisher: Oxford University Press
ISBN: 0199912912
Size: 27.15 MB
Format: PDF, Mobi
View: 2294
Download Read Online
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.

Making And Unmaking Intellectual Property

Author: Mario Biagioli
Publisher: University of Chicago Press
ISBN: 022617249X
Size: 75.78 MB
Format: PDF, ePub
View: 849
Download Read Online
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.

Moral Panics And The Copyright Wars

Author: William Patry
Publisher: Oxford University Press
ISBN: 0195385640
Size: 75.64 MB
Format: PDF, Mobi
View: 5453
Download Read Online
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.

Rights On Trial

Author: Ellen Berrey
Publisher: University of Chicago Press
ISBN: 022646685X
Size: 56.73 MB
Format: PDF, Mobi
View: 327
Download Read Online
Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

Patry On Fair Use

Author: William F. Patry
Publisher:
ISBN: 9780314869814
Size: 59.30 MB
Format: PDF, Mobi
View: 2963
Download Read Online
Authored by William Patry, who has many years of experience with fair use, Patry on Fair Use is a comprehensive treatise on fair use doctrine in copyright.

Fashion Culture And Identity

Author: Fred Davis
Publisher: University of Chicago Press
ISBN: 9780226138091
Size: 69.75 MB
Format: PDF, Kindle
View: 3972
Download Read Online
What do our clothes say about who we are or who we think we are? How does the way we dress communicate messages about our identity? Is the desire to be "in fashion" universal, or is it unique to Western culture? How do fashions change? These are just a few of the intriguing questions Fred Davis sets out to answer in this provocative look at what we do with our clothes—and what they can do to us. Much of what we assume to be individual preference, Davis shows, really reflects deeper social and cultural forces. Ours is an ambivalent social world, characterized by tensions over gender roles, social status, and the expression of sexuality. Predicting what people will wear becomes a risky gamble when the link between private self and public persona can be so unstable.

Lawyers Of The Right

Author: Ann Southworth
Publisher: University of Chicago Press
ISBN: 0226768368
Size: 21.92 MB
Format: PDF, ePub, Mobi
View: 7542
Download Read Online
A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, Lawyers of the Right explains what unites and divides lawyers for the three major groups—social conservatives, libertarians, and business advocates—that have coalesced in recent decades behind the Republican Party. Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.

The Patent Crisis And How The Courts Can Solve It Large Print 16pt

Author: Dan L. Burk
Publisher: ReadHowYouWant.com
ISBN: 1459605586
Size: 42.30 MB
Format: PDF, ePub, Docs
View: 2323
Download Read Online
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry. Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution - courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.

Documentary Film A Very Short Introduction

Author: Patricia Aufderheide
Publisher: Oxford University Press
ISBN: 0199839980
Size: 80.34 MB
Format: PDF, ePub, Mobi
View: 420
Download Read Online
Documentary film can encompass anything from Robert Flaherty's pioneering ethnography Nanook of the North to Michael Moore's anti-Iraq War polemic Fahrenheit 9/11, from Dziga Vertov's artful Soviet propaganda piece Man with a Movie Camera to Luc Jacquet's heart-tugging wildlife epic March of the Penguins. In this concise, crisply written guide, Patricia Aufderheide takes readers along the diverse paths of documentary history and charts the lively, often fierce debates among filmmakers and scholars about the best ways to represent reality and to tell the truths worth telling. Beginning with an overview of the central issues of documentary filmmaking--its definitions and purposes, its forms and founders--Aufderheide focuses on several of its key subgenres, including public affairs films, government propaganda (particularly the works produced during World War II), historical documentaries, and nature films. Her thematic approach allows readers to enter the subject matter through the kinds of films that first attracted them to documentaries, and it permits her to make connections between eras, as well as revealing the ongoing nature of documentary's core controversies involving objectivity, advocacy, and bias. Interwoven throughout are discussions of the ethical and practical considerations that arise with every aspect of documentary production. A particularly useful feature of the book is an appended list of "100 great documentaries" that anyone with a serious interest in the genre should see. Drawing on the author's four decades of experience as a film scholar and critic, this book is the perfect introduction not just for teachers and students but also for all thoughtful filmgoers and for those who aspire to make documentaries themselves. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.