William Cornish
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0031
- Subject:
- Law, Legal History
This chapter on copyright laws in the 19th century covers legal sources of copyright, justifications and the evolving law, authorship and entitlement, infringing acts, the overall direction of ...
More
This chapter on copyright laws in the 19th century covers legal sources of copyright, justifications and the evolving law, authorship and entitlement, infringing acts, the overall direction of Victorian copyright law, implementation of the Berlin Act, and Imperial Copyright Act.Less
This chapter on copyright laws in the 19th century covers legal sources of copyright, justifications and the evolving law, authorship and entitlement, infringing acts, the overall direction of Victorian copyright law, implementation of the Berlin Act, and Imperial Copyright Act.
M. Pollard
- Published in print:
- 1990
- Published Online:
- October 2011
- ISBN:
- 9780198184096
- eISBN:
- 9780191674174
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198184096.003.0003
- Subject:
- Literature, 17th-century and Restoration Literature, 16th-century and Renaissance Literature
This chapter discusses the implications of the Copyright Act of 1709 for Ireland. The reprinting of works first issued in other countries was therefore legitimate work for the Dublin printers. It ...
More
This chapter discusses the implications of the Copyright Act of 1709 for Ireland. The reprinting of works first issued in other countries was therefore legitimate work for the Dublin printers. It became the staple of the Dublin book trade, but only in those popular works that the trade considered would have an assured sale in Ireland. Throughout the 18th century, the London booksellers were understandably resentful and they were loud in their accusations of piracy. Once the Copyright Act was passed, London booksellers had two causes of grievances against the Irish book trade. The official complaint was of the importation into Britain of cheap Irish reprints which threatened the market at home. Quite as important, though never formally expressed, was the damage done to the market in Ireland. It was only after the Act of Union that Ireland, under the Copyright Act of 1801, was forced to recognize the existence of literary property in law which led to a close relationship between two countries as illustrated by the importing of English books, subscription collection and commitment in imprints on both sides.Less
This chapter discusses the implications of the Copyright Act of 1709 for Ireland. The reprinting of works first issued in other countries was therefore legitimate work for the Dublin printers. It became the staple of the Dublin book trade, but only in those popular works that the trade considered would have an assured sale in Ireland. Throughout the 18th century, the London booksellers were understandably resentful and they were loud in their accusations of piracy. Once the Copyright Act was passed, London booksellers had two causes of grievances against the Irish book trade. The official complaint was of the importation into Britain of cheap Irish reprints which threatened the market at home. Quite as important, though never formally expressed, was the damage done to the market in Ireland. It was only after the Act of Union that Ireland, under the Copyright Act of 1801, was forced to recognize the existence of literary property in law which led to a close relationship between two countries as illustrated by the importing of English books, subscription collection and commitment in imprints on both sides.
Aaron Perzanowski and Jason Schultz
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780262035019
- eISBN:
- 9780262335959
- Item type:
- book
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262035019.001.0001
- Subject:
- Information Science, Library Science
The digital economy has great potential, but it also entails risks. The notion of personal property and ownership is under threat because of the shift to digital distribution and ubiquitous embedded ...
More
The digital economy has great potential, but it also entails risks. The notion of personal property and ownership is under threat because of the shift to digital distribution and ubiquitous embedded software. This book makes a case for the importance of ownership in the digital age. It argues that the rights associated with ownership serve critical functions of promoting cultural preservation and innovation as well as protecting consumer autonomy. Technological developments and the aggressive efforts of IP rights holders, however, are gradually eroding the concept of ownership. There has been a disconcerting trend of courts bypassing the default rules of property law; the rights acquired by consumers through purchase are defined instead by license agreements drafted by IP rights holders or retailers. In addition to license agreements, IP rights holders also employ technological methods such as Digital Rights Management (DRM) to restrict consumer use and protect their intellectual property. The matter is made worse by online retailers’ insufficient disclosure, which frequently uses words like “buy” or “own” to offer false promises of ownership. The loss of personal property rights has serious consequence not just for individual consumers; an important institutional actor – the public library – is also struggling to deal with the shift to digital collections and the corresponding restrictions imposed by IP rights holders. In response to these threats to ownership, the book explores legal as well as technological solutions, and presents a powerful argument for informed consumer choice in the digital marketplace.Less
The digital economy has great potential, but it also entails risks. The notion of personal property and ownership is under threat because of the shift to digital distribution and ubiquitous embedded software. This book makes a case for the importance of ownership in the digital age. It argues that the rights associated with ownership serve critical functions of promoting cultural preservation and innovation as well as protecting consumer autonomy. Technological developments and the aggressive efforts of IP rights holders, however, are gradually eroding the concept of ownership. There has been a disconcerting trend of courts bypassing the default rules of property law; the rights acquired by consumers through purchase are defined instead by license agreements drafted by IP rights holders or retailers. In addition to license agreements, IP rights holders also employ technological methods such as Digital Rights Management (DRM) to restrict consumer use and protect their intellectual property. The matter is made worse by online retailers’ insufficient disclosure, which frequently uses words like “buy” or “own” to offer false promises of ownership. The loss of personal property rights has serious consequence not just for individual consumers; an important institutional actor – the public library – is also struggling to deal with the shift to digital collections and the corresponding restrictions imposed by IP rights holders. In response to these threats to ownership, the book explores legal as well as technological solutions, and presents a powerful argument for informed consumer choice in the digital marketplace.
Darren Hudson Hick
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780226460109
- eISBN:
- 9780226460383
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226460383.001.0001
- Subject:
- Philosophy, Aesthetics
Artistic License aims at analyzing the right of copyright, given its essential underlying principles in the law, and its relation to contemporary artistic practice. As several legal theorists argue, ...
More
Artistic License aims at analyzing the right of copyright, given its essential underlying principles in the law, and its relation to contemporary artistic practice. As several legal theorists argue, though the role of copying in artistic practice has evolved, copyright law has failed to keep step, producing an imbalance that puts the law at odds with the domain it is meant to protect. Centrally, Hick works to reconcile growing practices of artistic appropriation and related attitudes about artistic "taking" with developed views of artists’ rights, both legal and moral. Hick examines the philosophical challenges presented by the role of intellectual property in the art world and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement through aesthetic analysis and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.Less
Artistic License aims at analyzing the right of copyright, given its essential underlying principles in the law, and its relation to contemporary artistic practice. As several legal theorists argue, though the role of copying in artistic practice has evolved, copyright law has failed to keep step, producing an imbalance that puts the law at odds with the domain it is meant to protect. Centrally, Hick works to reconcile growing practices of artistic appropriation and related attitudes about artistic "taking" with developed views of artists’ rights, both legal and moral. Hick examines the philosophical challenges presented by the role of intellectual property in the art world and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement through aesthetic analysis and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.
Gary Hall
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780262034401
- eISBN:
- 9780262332217
- Item type:
- book
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262034401.001.0001
- Subject:
- Philosophy, General
Much has been written about the “crisis of capitalism” and the associated series of events that began with the Tunisian revolution of 2010: the Arab Spring, Occupy, #GobalRevolution, and student and ...
More
Much has been written about the “crisis of capitalism” and the associated series of events that began with the Tunisian revolution of 2010: the Arab Spring, Occupy, #GobalRevolution, and student and anti-austerity protests. But to what extent does our contemporary situation also pose a challenge to those of us who work in the university? Doesn’t the struggle against the “becoming business” of Higher Education require academics, authors, researchers and scholars to have the courage to try out and put to the test new economic, legal and political models for the creation, publication and circulation of knowledge and culture? These questions form a starting point for Pirate Philosophy’s timely and original engagement with a generation of theorists who are working in some of the most important and exciting areas of media and cultural theory today. They include the digital humanities of Lev Manovich, the posthumanism of Bernard Stiegler, the new materialism of Rosi Braidotti, and the object-oriented philosophy of Graham Harman. Drawing critically on phenomena such as the open access, Creative Commons, free/open source software, peer-to-peer file-sharing and anti-copyright/pro-piracy movements, Pirate Philosophy shows how we can produce not just new ways of thinking about the world, as theory and philosophy have traditionally sought to do in the past, but also new ways of being theorists and philosophers.Less
Much has been written about the “crisis of capitalism” and the associated series of events that began with the Tunisian revolution of 2010: the Arab Spring, Occupy, #GobalRevolution, and student and anti-austerity protests. But to what extent does our contemporary situation also pose a challenge to those of us who work in the university? Doesn’t the struggle against the “becoming business” of Higher Education require academics, authors, researchers and scholars to have the courage to try out and put to the test new economic, legal and political models for the creation, publication and circulation of knowledge and culture? These questions form a starting point for Pirate Philosophy’s timely and original engagement with a generation of theorists who are working in some of the most important and exciting areas of media and cultural theory today. They include the digital humanities of Lev Manovich, the posthumanism of Bernard Stiegler, the new materialism of Rosi Braidotti, and the object-oriented philosophy of Graham Harman. Drawing critically on phenomena such as the open access, Creative Commons, free/open source software, peer-to-peer file-sharing and anti-copyright/pro-piracy movements, Pirate Philosophy shows how we can produce not just new ways of thinking about the world, as theory and philosophy have traditionally sought to do in the past, but also new ways of being theorists and philosophers.
Michael D Birnhack
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199661138
- eISBN:
- 9780191746147
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199661138.003.0005
- Subject:
- Law, Legal History, Intellectual Property, IT, and Media Law
This chapter traces the copyright legislative process in Palestine. A first piece of legislation was the little-known Ottoman Authors’ Rights Act 1910. When the British replaced the Ottomans, one of ...
More
This chapter traces the copyright legislative process in Palestine. A first piece of legislation was the little-known Ottoman Authors’ Rights Act 1910. When the British replaced the Ottomans, one of their first enactments was the Copyright Ordinance 1920. The chapter queries their motivation in enacting copyright law at such an early stage, and provides several possible answers: it was a British imperial interest, intertwined with the international agenda; it fit the colonial mission of developing the country, and lastly, a personal motivation of the Attorney General, Norman Bentwich. The list does not include local demand: none existed at the time. The next legislative step was the British extension of the Imperial Copyright Act in 1924 and the local enactment of the Copyright Ordinance 1924. The chapter also discusses the late official publication of the 1911 Act, and the establishment of copyright relationship between Palestine and the United StatesLess
This chapter traces the copyright legislative process in Palestine. A first piece of legislation was the little-known Ottoman Authors’ Rights Act 1910. When the British replaced the Ottomans, one of their first enactments was the Copyright Ordinance 1920. The chapter queries their motivation in enacting copyright law at such an early stage, and provides several possible answers: it was a British imperial interest, intertwined with the international agenda; it fit the colonial mission of developing the country, and lastly, a personal motivation of the Attorney General, Norman Bentwich. The list does not include local demand: none existed at the time. The next legislative step was the British extension of the Imperial Copyright Act in 1924 and the local enactment of the Copyright Ordinance 1924. The chapter also discusses the late official publication of the 1911 Act, and the establishment of copyright relationship between Palestine and the United States
Richard Haynes
- Published in print:
- 2005
- Published Online:
- September 2012
- ISBN:
- 9780748618804
- eISBN:
- 9780748670994
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748618804.003.0003
- Subject:
- Society and Culture, Media Studies
The turn in what some have called the ‘digital moment’ and others have interpreted as the ‘digital dilemma’ has collapsed the distinctions between media producers and media consumers. Digitalisation, ...
More
The turn in what some have called the ‘digital moment’ and others have interpreted as the ‘digital dilemma’ has collapsed the distinctions between media producers and media consumers. Digitalisation, the movement of information by means of binary digits or ‘bits’, has meant that all forms of media can be easily manipulated, thereby undermining the ways in which copyright works both to promote creativity and to control copying. Digital media has the potential to collapse many of the distinctions that analogue media upheld and around which copyright has historically been formulated. This chapter examines why digital media have such far-reaching consequences for media rights and how governments and media industries have attempted to maintain regulation of the digital environment through new legislation and technological means. First, the chapter looks at exactly why digital media pose a threat. It then focuses on digital lives, digital rights management, the WIPO Copyright Treaty, the Digital Millennium Copyright Act 1998 and the Copyright Directive. It also discusses copyright issues involving DVDs and descrambling of content-scrambling systems.Less
The turn in what some have called the ‘digital moment’ and others have interpreted as the ‘digital dilemma’ has collapsed the distinctions between media producers and media consumers. Digitalisation, the movement of information by means of binary digits or ‘bits’, has meant that all forms of media can be easily manipulated, thereby undermining the ways in which copyright works both to promote creativity and to control copying. Digital media has the potential to collapse many of the distinctions that analogue media upheld and around which copyright has historically been formulated. This chapter examines why digital media have such far-reaching consequences for media rights and how governments and media industries have attempted to maintain regulation of the digital environment through new legislation and technological means. First, the chapter looks at exactly why digital media pose a threat. It then focuses on digital lives, digital rights management, the WIPO Copyright Treaty, the Digital Millennium Copyright Act 1998 and the Copyright Directive. It also discusses copyright issues involving DVDs and descrambling of content-scrambling systems.
James Meese
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780262037440
- eISBN:
- 9780262344517
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262037440.003.0002
- Subject:
- Society and Culture, Technology and Society
The first chapter details how the author, user and pirate emerged collectively over the first two centuries of copyright’s existence, and argues that these subjects still intersect today. This ...
More
The first chapter details how the author, user and pirate emerged collectively over the first two centuries of copyright’s existence, and argues that these subjects still intersect today. This analysis also stands as a brief introduction to the history of copyright law for unfamiliar readers, charting the emergence and subsequent development of copyright law. The chapter ends by critiquing the increased reification of authorship that has occurred over the twentieth century and makes a case for the continued relevance of relationality in this context.Less
The first chapter details how the author, user and pirate emerged collectively over the first two centuries of copyright’s existence, and argues that these subjects still intersect today. This analysis also stands as a brief introduction to the history of copyright law for unfamiliar readers, charting the emergence and subsequent development of copyright law. The chapter ends by critiquing the increased reification of authorship that has occurred over the twentieth century and makes a case for the continued relevance of relationality in this context.
Christina Bohannan and Herbert Hovenkamp
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199738830
- eISBN:
- 9780199932702
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199738830.003.0009
- Subject:
- Law, Competition Law, Intellectual Property, IT, and Media Law
The Copyright Act serves a combination of public and private interests. Where possible, conflicts between the two should be resolved in favor of the public interest. This approach would sort out some ...
More
The Copyright Act serves a combination of public and private interests. Where possible, conflicts between the two should be resolved in favor of the public interest. This approach would sort out some of the most pressing issues in copyright law today. The most troublesome aspects of copyright expansion over the past few decades include a longer copyright term, broad reproduction and derivative works rights, and digital rights in the Digital Millennium Copyright Act (DMCA) that prevent uses previously thought to be noninfringing. Yet, copyright doctrines such as the idea/expression dichotomy and fair use protect the rights of the public to use portions of copyrighted works. This chapter discusses how courts can use constitutional adjudication and statutory interpretation to define the scope of these provisions and resolve ambiguities among them in order to restore copyright's balance of incentives and access.Less
The Copyright Act serves a combination of public and private interests. Where possible, conflicts between the two should be resolved in favor of the public interest. This approach would sort out some of the most pressing issues in copyright law today. The most troublesome aspects of copyright expansion over the past few decades include a longer copyright term, broad reproduction and derivative works rights, and digital rights in the Digital Millennium Copyright Act (DMCA) that prevent uses previously thought to be noninfringing. Yet, copyright doctrines such as the idea/expression dichotomy and fair use protect the rights of the public to use portions of copyrighted works. This chapter discusses how courts can use constitutional adjudication and statutory interpretation to define the scope of these provisions and resolve ambiguities among them in order to restore copyright's balance of incentives and access.
James Meese
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780262037440
- eISBN:
- 9780262344517
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262037440.003.0007
- Subject:
- Society and Culture, Technology and Society
Chapter Six examines how the pirate has been interpellated in different jurisdictions across the copyright wars of the twentieth and twenty-first centuries, with a particular focus on the ...
More
Chapter Six examines how the pirate has been interpellated in different jurisdictions across the copyright wars of the twentieth and twenty-first centuries, with a particular focus on the intermediaries that were charged with enabling online copyright infringement, namely peer-to-peer networks and Internet Service Providers. The chapter charts a narrative of gradual acceptance. Whereas initial decisions interpellated peer-to-peer networks as piratical and also as locations where individuals could become interpellated as pirates, by the early twenty-first century, the courts became somewhat more understanding. Instead, they viewed intermediaries as less liable and individuals as users who engaged in copyright infringement, rather than as subjects entirely defined by their piratical actions. I also reflect on how Apple and their customers were able to avoid the pirate moniker during their Rip, Mix, Burn campaign in 2003 and consider on the potential futures of the pirate subject.Less
Chapter Six examines how the pirate has been interpellated in different jurisdictions across the copyright wars of the twentieth and twenty-first centuries, with a particular focus on the intermediaries that were charged with enabling online copyright infringement, namely peer-to-peer networks and Internet Service Providers. The chapter charts a narrative of gradual acceptance. Whereas initial decisions interpellated peer-to-peer networks as piratical and also as locations where individuals could become interpellated as pirates, by the early twenty-first century, the courts became somewhat more understanding. Instead, they viewed intermediaries as less liable and individuals as users who engaged in copyright infringement, rather than as subjects entirely defined by their piratical actions. I also reflect on how Apple and their customers were able to avoid the pirate moniker during their Rip, Mix, Burn campaign in 2003 and consider on the potential futures of the pirate subject.
Jane C. Ginsburg
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780197265666
- eISBN:
- 9780191771927
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265666.003.0004
- Subject:
- History, World Modern History
Access to ‘all the world’s knowledge’ is an ancient aspiration; a less venerable, but equally vigorous, universalism strives for the borderless protection of authors’ rights. Late 19th-century law ...
More
Access to ‘all the world’s knowledge’ is an ancient aspiration; a less venerable, but equally vigorous, universalism strives for the borderless protection of authors’ rights. Late 19th-century law and politics brought us copyright universalism; 21st-century technology may bring us the universal digital library. But how can ‘all the world’s knowledge’ be delivered, on demand, to users anywhere in the world (with Internet access), if the copyrights of the creators and publishers of many of those works are supposed to be enforceable almost everywhere in the world? Does it follow that the universal digital library of the near future threatens copyright holders? Or are libraries the endangered species of the impending era, as publishers partner with for-profit Internet intermediaries to make books ubiquitously available? Does access-triumphalism therefore risk giving us not the universal digital library, but the universal digital bookstore? And, whether libraries or commercial intermediaries offer access, how will the world’s authors fare?Less
Access to ‘all the world’s knowledge’ is an ancient aspiration; a less venerable, but equally vigorous, universalism strives for the borderless protection of authors’ rights. Late 19th-century law and politics brought us copyright universalism; 21st-century technology may bring us the universal digital library. But how can ‘all the world’s knowledge’ be delivered, on demand, to users anywhere in the world (with Internet access), if the copyrights of the creators and publishers of many of those works are supposed to be enforceable almost everywhere in the world? Does it follow that the universal digital library of the near future threatens copyright holders? Or are libraries the endangered species of the impending era, as publishers partner with for-profit Internet intermediaries to make books ubiquitously available? Does access-triumphalism therefore risk giving us not the universal digital library, but the universal digital bookstore? And, whether libraries or commercial intermediaries offer access, how will the world’s authors fare?
Richard Haynes
- Published in print:
- 2005
- Published Online:
- September 2012
- ISBN:
- 9780748618804
- eISBN:
- 9780748670994
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748618804.003.0002
- Subject:
- Society and Culture, Media Studies
This chapter provides an overview of intellectual property rights, more specifically the underlying principles of copyright. It explores the increasing use of intellectual property rights in the ...
More
This chapter provides an overview of intellectual property rights, more specifically the underlying principles of copyright. It explores the increasing use of intellectual property rights in the everyday activities of media organisations and how they have become the most important assets in media markets. It is well established that the media increasingly operate at the global level and that even localised markets are influenced by globalising processes. Intellectual property rights, in particular copyright, and its couplet with contract have become quintessential to contemporary media commerce and have their foundation in Roman law. Although patents, copyright, trademarks and other forms of intellectual property rights were historically conceived to encourage individual creators by protecting their work, in the contemporary media environment they increasingly serve the interests of transnational corporations and the global business elite. The chapter is organised around two sections: international law and law in the United Kingdom. It first discusses the creeping internationalisation of copyright and then compares and contrasts legislative developments in the United States, in particular the Digital Millennium Copyright Act 1998.Less
This chapter provides an overview of intellectual property rights, more specifically the underlying principles of copyright. It explores the increasing use of intellectual property rights in the everyday activities of media organisations and how they have become the most important assets in media markets. It is well established that the media increasingly operate at the global level and that even localised markets are influenced by globalising processes. Intellectual property rights, in particular copyright, and its couplet with contract have become quintessential to contemporary media commerce and have their foundation in Roman law. Although patents, copyright, trademarks and other forms of intellectual property rights were historically conceived to encourage individual creators by protecting their work, in the contemporary media environment they increasingly serve the interests of transnational corporations and the global business elite. The chapter is organised around two sections: international law and law in the United Kingdom. It first discusses the creeping internationalisation of copyright and then compares and contrasts legislative developments in the United States, in particular the Digital Millennium Copyright Act 1998.
Richard Haynes
- Published in print:
- 2005
- Published Online:
- September 2012
- ISBN:
- 9780748618804
- eISBN:
- 9780748670994
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748618804.003.0008
- Subject:
- Society and Culture, Media Studies
When the Internet truly took off as a mass medium in 1996 in the guise of the World Wide Web, it was like an untamed wilderness ripe for discovery, and new users marvelled at the wondrous and ...
More
When the Internet truly took off as a mass medium in 1996 in the guise of the World Wide Web, it was like an untamed wilderness ripe for discovery, and new users marvelled at the wondrous and instantaneous way in which information and images could be pulled to their desktops from around the world. But perhaps most importantly in the context of media rights, more and more of what people do online and the ways in which the online world is organised are sanctioned by licence agreements, registration and contracts all protected under the sign of intellectual property law. This chapter examines how media rights shape the ways in which the Internet is developing and the ways in which it can be used. The WIPO Copyright Treaty viewed the ‘indirect’ and ‘temporary’ copies of a work held within computer networks as copyrighted material. While copyright remains important, the chapter also looks at trademarks and patents. In addition, it considers hyperlinking and reuse of copyright material.Less
When the Internet truly took off as a mass medium in 1996 in the guise of the World Wide Web, it was like an untamed wilderness ripe for discovery, and new users marvelled at the wondrous and instantaneous way in which information and images could be pulled to their desktops from around the world. But perhaps most importantly in the context of media rights, more and more of what people do online and the ways in which the online world is organised are sanctioned by licence agreements, registration and contracts all protected under the sign of intellectual property law. This chapter examines how media rights shape the ways in which the Internet is developing and the ways in which it can be used. The WIPO Copyright Treaty viewed the ‘indirect’ and ‘temporary’ copies of a work held within computer networks as copyrighted material. While copyright remains important, the chapter also looks at trademarks and patents. In addition, it considers hyperlinking and reuse of copyright material.
Michael D Birnhack
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199661138
- eISBN:
- 9780191746147
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199661138.003.0004
- Subject:
- Law, Legal History, Intellectual Property, IT, and Media Law
This chapter examines the making of colonial copyright in the British Empire at the end of the nineteenth and the beginning of the twentieth centuries. It outlines various imperial patterns of ...
More
This chapter examines the making of colonial copyright in the British Empire at the end of the nineteenth and the beginning of the twentieth centuries. It outlines various imperial patterns of diffusing the law. Most of the research done thus far on this topic was told from a British perspective. An important exception is Lionel Bently’s work, who pointed to two stages of the British policy: first, the absence of an imperial strategy, and secondly, a trend towards uniformity. This chapter nuances these observations and further adds the phase immediately after the enactment of the Imperial Copyright Act 1911, when the interest in uniformity turned to a well-coordinated strategy to assure that uniformity is achieved. This has manifested itself in the treatment of customs and criminal copyright law. The 1847 Foreign Reprint Act and international schemes of protection, including the Berne Convention and its Berlin Revision, are contextualized within this discussion.Less
This chapter examines the making of colonial copyright in the British Empire at the end of the nineteenth and the beginning of the twentieth centuries. It outlines various imperial patterns of diffusing the law. Most of the research done thus far on this topic was told from a British perspective. An important exception is Lionel Bently’s work, who pointed to two stages of the British policy: first, the absence of an imperial strategy, and secondly, a trend towards uniformity. This chapter nuances these observations and further adds the phase immediately after the enactment of the Imperial Copyright Act 1911, when the interest in uniformity turned to a well-coordinated strategy to assure that uniformity is achieved. This has manifested itself in the treatment of customs and criminal copyright law. The 1847 Foreign Reprint Act and international schemes of protection, including the Berne Convention and its Berlin Revision, are contextualized within this discussion.
Aaron Perzanowski and Jason Schultz
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780262035019
- eISBN:
- 9780262335959
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262035019.003.0001
- Subject:
- Information Science, Library Science
This chapter observes two trends: the rise of the digital marketplace as the result of technological development and the decline of ownership due to aggressive intellectual property laws, restrictive ...
More
This chapter observes two trends: the rise of the digital marketplace as the result of technological development and the decline of ownership due to aggressive intellectual property laws, restrictive contractual provisions and technological locks. Admittedly, the market offers consumers a choice between ownership and more conditional, impermanent access to goods, but because of the asymmetric information possessed by consumers and retailers or IP rights holders, consumers frequently cannot make informed decisions. This leads to the loss of control over the goods they purchase; more importantly, the lack of ownership rights has serious implications for cultural preservation, innovation and consumer autonomy. The rest of the book unfolds by detailing how consumers and IP rights holders contend for control over physical and digital goods in various areas.Less
This chapter observes two trends: the rise of the digital marketplace as the result of technological development and the decline of ownership due to aggressive intellectual property laws, restrictive contractual provisions and technological locks. Admittedly, the market offers consumers a choice between ownership and more conditional, impermanent access to goods, but because of the asymmetric information possessed by consumers and retailers or IP rights holders, consumers frequently cannot make informed decisions. This leads to the loss of control over the goods they purchase; more importantly, the lack of ownership rights has serious implications for cultural preservation, innovation and consumer autonomy. The rest of the book unfolds by detailing how consumers and IP rights holders contend for control over physical and digital goods in various areas.
Aaron Perzanowski and Jason Schultz
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780262035019
- eISBN:
- 9780262335959
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262035019.003.0002
- Subject:
- Information Science, Library Science
This chapter outlines the conceptual framework for the rest of the book by describing the basic principles of personal and intellectual property law. The default rules of ownership used to define the ...
More
This chapter outlines the conceptual framework for the rest of the book by describing the basic principles of personal and intellectual property law. The default rules of ownership used to define the purchasers’ rights, allowing for resale, lending, gifting and many other forms of transaction by the consumer. Now, with the rise of the digital economy, consumer rights are defined through licenses, which impose various restrictions on consumers’ disposition of their digital goods. Among the traditional rules of ownership, the exhaustion principle is particularly important for mediating the tension between intellectual property holders and consumers. Exhaustion is the notion that an IP rights holder relinquishes some control over a product once it sells or gives that product to a new owner. IP rights holders have resisted exhaustion at nearly every turn, and the licensing model allowed them to infuse new vigor into their resistance.Less
This chapter outlines the conceptual framework for the rest of the book by describing the basic principles of personal and intellectual property law. The default rules of ownership used to define the purchasers’ rights, allowing for resale, lending, gifting and many other forms of transaction by the consumer. Now, with the rise of the digital economy, consumer rights are defined through licenses, which impose various restrictions on consumers’ disposition of their digital goods. Among the traditional rules of ownership, the exhaustion principle is particularly important for mediating the tension between intellectual property holders and consumers. Exhaustion is the notion that an IP rights holder relinquishes some control over a product once it sells or gives that product to a new owner. IP rights holders have resisted exhaustion at nearly every turn, and the licensing model allowed them to infuse new vigor into their resistance.
Aaron Perzanowski and Jason Schultz
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780262035019
- eISBN:
- 9780262335959
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262035019.003.0007
- Subject:
- Information Science, Library Science
This chapter address technologies that are collectively known as Digital Rights Management (DRM). DRM is a set of software-based tools implemented by copyright holders, device makers, and retailers ...
More
This chapter address technologies that are collectively known as Digital Rights Management (DRM). DRM is a set of software-based tools implemented by copyright holders, device makers, and retailers to monitor and restrict consumer behavior. For example, after the Supreme Court took the side of consumers and affirmed the legality of the VCR, Hollywood threw its weight behind the DVD, an encrypted format that allowed studios to dictate the design and functionality of playback devices. These and other forms of technological self help are strengthened by the Digital Millennium Copyright Act (DMCA), which prohibits the bypassing, disabling, or otherwise circumventing the digital locks that DRM represents. But the DMCA has largely failed to prevent circumvention, and many copyright holders have recognized that the restrictions imposed by DRM discourage consumers from buying encumbered products. Moreover, as the Sony rootkit incident demonstrates, DRM puts consumer security and privacy at risk.Less
This chapter address technologies that are collectively known as Digital Rights Management (DRM). DRM is a set of software-based tools implemented by copyright holders, device makers, and retailers to monitor and restrict consumer behavior. For example, after the Supreme Court took the side of consumers and affirmed the legality of the VCR, Hollywood threw its weight behind the DVD, an encrypted format that allowed studios to dictate the design and functionality of playback devices. These and other forms of technological self help are strengthened by the Digital Millennium Copyright Act (DMCA), which prohibits the bypassing, disabling, or otherwise circumventing the digital locks that DRM represents. But the DMCA has largely failed to prevent circumvention, and many copyright holders have recognized that the restrictions imposed by DRM discourage consumers from buying encumbered products. Moreover, as the Sony rootkit incident demonstrates, DRM puts consumer security and privacy at risk.
James Meese
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780262037440
- eISBN:
- 9780262344517
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262037440.003.0001
- Subject:
- Society and Culture, Technology and Society
This chapter introduces the book’s theoretical approach to relationality and subjectivity and makes a case for studying the author, user and pirate collectively. It goes on to situate this position ...
More
This chapter introduces the book’s theoretical approach to relationality and subjectivity and makes a case for studying the author, user and pirate collectively. It goes on to situate this position within a wider body of interdisciplinary literature, addressing key debates in scholarship around copyright law. I then detail the benefits of taking a relational approach, suggesting that it offers a more accurate account of how copyright law is currently constructed and responds to the conceptual uncertainty underpinning copyright. The chapter ends with a brief outline of the rest of the book.Less
This chapter introduces the book’s theoretical approach to relationality and subjectivity and makes a case for studying the author, user and pirate collectively. It goes on to situate this position within a wider body of interdisciplinary literature, addressing key debates in scholarship around copyright law. I then detail the benefits of taking a relational approach, suggesting that it offers a more accurate account of how copyright law is currently constructed and responds to the conceptual uncertainty underpinning copyright. The chapter ends with a brief outline of the rest of the book.
James Meese
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780262037440
- eISBN:
- 9780262344517
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262037440.003.0005
- Subject:
- Society and Culture, Technology and Society
The fourth chapter begins with a detailed consideration of recent user focussed reforms in the United Kingdom, Canada and Australia and focuses specifically on the user generated content provision in ...
More
The fourth chapter begins with a detailed consideration of recent user focussed reforms in the United Kingdom, Canada and Australia and focuses specifically on the user generated content provision in Canada. An analysis of the provision reveals the impossibility of maintaining a coherent separation of subjects in copyright law and identifies a clear relational interaction between authorship and use, which this provision enacts (albeit in a limited fashion). The chapter then considers the professionalization of YouTube and suggests that various forms of amateur media and user-generated content are looking increasingly more “authorial” in their tenor. I then go on to reflect on how a series of digital and physical intermediaries attempt to work within the boundaries of the user subject, and discuss how various jurisdictions have either refused or accepted this proposed interpellation.Less
The fourth chapter begins with a detailed consideration of recent user focussed reforms in the United Kingdom, Canada and Australia and focuses specifically on the user generated content provision in Canada. An analysis of the provision reveals the impossibility of maintaining a coherent separation of subjects in copyright law and identifies a clear relational interaction between authorship and use, which this provision enacts (albeit in a limited fashion). The chapter then considers the professionalization of YouTube and suggests that various forms of amateur media and user-generated content are looking increasingly more “authorial” in their tenor. I then go on to reflect on how a series of digital and physical intermediaries attempt to work within the boundaries of the user subject, and discuss how various jurisdictions have either refused or accepted this proposed interpellation.
James Meese
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780262037440
- eISBN:
- 9780262344517
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262037440.003.0006
- Subject:
- Society and Culture, Technology and Society
The fifth chapter outlines how the pirate could be viewed relationally and explains how potentially infringing acts can be reinterpreted as innovative and lead to the production of new knowledge. It ...
More
The fifth chapter outlines how the pirate could be viewed relationally and explains how potentially infringing acts can be reinterpreted as innovative and lead to the production of new knowledge. It also reflects on the broader cultural contexts in which relationality operates through a discussion of the Stop Online Piracy Act and Protect IP Act protests. These protests argued that western citizens should be viewed as user-pirates and deferred the label of pirate to actors in the Global South. The chapter concludes by stating that while the pirate is often institutionally and discursively constrained, any act of piracy will reveal both an element of “use” and a latent authorial capacity.Less
The fifth chapter outlines how the pirate could be viewed relationally and explains how potentially infringing acts can be reinterpreted as innovative and lead to the production of new knowledge. It also reflects on the broader cultural contexts in which relationality operates through a discussion of the Stop Online Piracy Act and Protect IP Act protests. These protests argued that western citizens should be viewed as user-pirates and deferred the label of pirate to actors in the Global South. The chapter concludes by stating that while the pirate is often institutionally and discursively constrained, any act of piracy will reveal both an element of “use” and a latent authorial capacity.
