Copyfraud and Other Abuses of Intellectual Property Law

Copyfraud and Other Abuses of Intellectual Property Law

Author: Jason Mazzone

Publisher: Stanford University Press

Published: 2011-10-05

Total Pages: 312

ISBN-13: 0804779155

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Intellectual property law in the United States does not work well and it needs to be reformed—but not for the reasons given by most critics. The issue is not that intellectual property rights are too easily obtained, too broad in scope, and too long in duration. Rather, the primary problem is overreaching by publishers, producers, artists, and others who abuse intellectual property law by claiming stronger rights than the law actually gives them. From copyfraud—like phony copyright notices attached to the U.S. Constitution—to lawsuits designed to prevent people from poking fun at Barbie, from controversies over digital sampling in hip-hop to Major League Baseball's ubiquitous restriction on sharing any "accounts and descriptions of this game," overreaching claims of intellectual property rights are everywhere. Overreaching interferes with legitimate uses and reproduction of a wide variety of works, imposes enormous social and economic costs, and ultimately undermines creative endeavors. As this book reveals, the solution is not to change the scope or content of intellectual property rights, but to create mechanisms to prevent people asserting rights beyond those they legitimately possess. While there are many other books on intellectual property, this is the first to examine overreaching as a distinct problem and to show how to solve it. Jason Mazzone makes a series of timely proposals by which government, organizations, and ordinary people can stand up to creators and content providers when they seek to grab more than the law gives them.


Book Synopsis Copyfraud and Other Abuses of Intellectual Property Law by : Jason Mazzone

Download or read book Copyfraud and Other Abuses of Intellectual Property Law written by Jason Mazzone and published by Stanford University Press. This book was released on 2011-10-05 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law in the United States does not work well and it needs to be reformed—but not for the reasons given by most critics. The issue is not that intellectual property rights are too easily obtained, too broad in scope, and too long in duration. Rather, the primary problem is overreaching by publishers, producers, artists, and others who abuse intellectual property law by claiming stronger rights than the law actually gives them. From copyfraud—like phony copyright notices attached to the U.S. Constitution—to lawsuits designed to prevent people from poking fun at Barbie, from controversies over digital sampling in hip-hop to Major League Baseball's ubiquitous restriction on sharing any "accounts and descriptions of this game," overreaching claims of intellectual property rights are everywhere. Overreaching interferes with legitimate uses and reproduction of a wide variety of works, imposes enormous social and economic costs, and ultimately undermines creative endeavors. As this book reveals, the solution is not to change the scope or content of intellectual property rights, but to create mechanisms to prevent people asserting rights beyond those they legitimately possess. While there are many other books on intellectual property, this is the first to examine overreaching as a distinct problem and to show how to solve it. Jason Mazzone makes a series of timely proposals by which government, organizations, and ordinary people can stand up to creators and content providers when they seek to grab more than the law gives them.


Intellectual Privilege

Intellectual Privilege

Author: Tom W. Bell

Publisher: Mercatus Center at George Mason University

Published: 2014-04-14

Total Pages: 238

ISBN-13: 0989219380

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A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.


Book Synopsis Intellectual Privilege by : Tom W. Bell

Download or read book Intellectual Privilege written by Tom W. Bell and published by Mercatus Center at George Mason University. This book was released on 2014-04-14 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.


The Eureka Myth

The Eureka Myth

Author: Jessica Silbey

Publisher: Stanford University Press

Published: 2014-12-17

Total Pages: 369

ISBN-13: 0804793530

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Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities. Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.


Book Synopsis The Eureka Myth by : Jessica Silbey

Download or read book The Eureka Myth written by Jessica Silbey and published by Stanford University Press. This book was released on 2014-12-17 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities. Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.


Talent Wants to Be Free

Talent Wants to Be Free

Author: Orly Lobel

Publisher: Yale University Press

Published: 2013-09-30

Total Pages: 290

ISBN-13: 0300166273

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Presents a set of positive changes in corporate strategies, industry norms, regional policies, and national laws that will incentivize talent flow, creativity, and growth.


Book Synopsis Talent Wants to Be Free by : Orly Lobel

Download or read book Talent Wants to Be Free written by Orly Lobel and published by Yale University Press. This book was released on 2013-09-30 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a set of positive changes in corporate strategies, industry norms, regional policies, and national laws that will incentivize talent flow, creativity, and growth.


How to Fix Copyright

How to Fix Copyright

Author: William Patry

Publisher: OUP USA

Published: 2011

Total Pages: 336

ISBN-13: 0199760098

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Here, Patry offers a concise and pithy set of solutions for improving our increasingly outmoded copyright system. After outlining how we arrived at our current state of dysfunction, Patry offers a series of pragmatic fixes that steer a middle course between an overly expansive interpretation of copyright protection and abandoning it.


Book Synopsis How to Fix Copyright by : William Patry

Download or read book How to Fix Copyright written by William Patry and published by OUP USA. This book was released on 2011 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, Patry offers a concise and pithy set of solutions for improving our increasingly outmoded copyright system. After outlining how we arrived at our current state of dysfunction, Patry offers a series of pragmatic fixes that steer a middle course between an overly expansive interpretation of copyright protection and abandoning it.


Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade

Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2013

Total Pages: 259

ISBN-13: 9280523082

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This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.


Book Synopsis Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade by : World Intellectual Property Organization

Download or read book Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade written by World Intellectual Property Organization and published by WIPO. This book was released on 2013 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.


The Handbook of Peer Production

The Handbook of Peer Production

Author: Mathieu O'Neil

Publisher: John Wiley & Sons

Published: 2021-02-02

Total Pages: 72

ISBN-13: 1119537096

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The definitive reference work with comprehensive analysis and review of peer production Peer production is no longer the sole domain of small groups of technical or academic elites. The internet has enabled millions of people to collectively produce, revise, and distribute everything from computer operating systems and applications to encyclopedia articles and film and television databases. Today, peer production has branched out to include wireless networks, online currencies, biohacking, and peer-to-peer urbanism, amongst others. The Handbook of Peer Production outlines central concepts, examines current and emerging areas of application, and analyzes the forms and principles of cooperation that continue to impact multiple areas of production and sociality. Featuring contributions from an international team of experts in the field, this landmark work maps the origins and manifestations of peer production, discusses the factors and conditions that are enabling, advancing, and co-opting peer production, and considers its current impact and potential consequences for the social order. Detailed chapters address the governance, political economy, and cultures of peer production, user motivations, social rules and norms, the role of peer production in social change and activism, and much more. Filling a gap in available literature as the only extensive overview of peer production’s modes of generating informational goods and services, this groundbreaking volume: Offers accessible, up-to-date information to both specialists and non-specialists across academia, industry, journalism, and public advocacy Includes interviews with leading practitioners discussing the future of peer production Discusses the history, traditions, key debates, and pioneers of peer production Explores technologies for peer production, openness and licensing, peer learning, open design and manufacturing, and free and open-source software The Handbook of Peer Production is an indispensable resource for students, instructors, researchers, and professionals working in fields including communication studies, science and technology studies, sociology, and management studies, as well as those interested in the network information economy, the public domain, and new forms of organization and networking.


Book Synopsis The Handbook of Peer Production by : Mathieu O'Neil

Download or read book The Handbook of Peer Production written by Mathieu O'Neil and published by John Wiley & Sons. This book was released on 2021-02-02 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive reference work with comprehensive analysis and review of peer production Peer production is no longer the sole domain of small groups of technical or academic elites. The internet has enabled millions of people to collectively produce, revise, and distribute everything from computer operating systems and applications to encyclopedia articles and film and television databases. Today, peer production has branched out to include wireless networks, online currencies, biohacking, and peer-to-peer urbanism, amongst others. The Handbook of Peer Production outlines central concepts, examines current and emerging areas of application, and analyzes the forms and principles of cooperation that continue to impact multiple areas of production and sociality. Featuring contributions from an international team of experts in the field, this landmark work maps the origins and manifestations of peer production, discusses the factors and conditions that are enabling, advancing, and co-opting peer production, and considers its current impact and potential consequences for the social order. Detailed chapters address the governance, political economy, and cultures of peer production, user motivations, social rules and norms, the role of peer production in social change and activism, and much more. Filling a gap in available literature as the only extensive overview of peer production’s modes of generating informational goods and services, this groundbreaking volume: Offers accessible, up-to-date information to both specialists and non-specialists across academia, industry, journalism, and public advocacy Includes interviews with leading practitioners discussing the future of peer production Discusses the history, traditions, key debates, and pioneers of peer production Explores technologies for peer production, openness and licensing, peer learning, open design and manufacturing, and free and open-source software The Handbook of Peer Production is an indispensable resource for students, instructors, researchers, and professionals working in fields including communication studies, science and technology studies, sociology, and management studies, as well as those interested in the network information economy, the public domain, and new forms of organization and networking.


Regulating Content on Social Media

Regulating Content on Social Media

Author: Corinne Tan

Publisher: UCL Press

Published: 2018-03-26

Total Pages: 280

ISBN-13: 1787351734

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How are users influenced by social media platforms when they generate content, and does this influence affect users’ compliance with copyright laws? These are pressing questions in today’s internet age, and Regulating Content on Social Media answers them by analysing how the behaviours of social media users are regulated from a copyright perspective. Corinne Tan, an internet governance specialist, compares copyright laws on selected social media platforms, namely Facebook, Pinterest, YouTube, Twitter and Wikipedia, with other regulatory factors such as the terms of service and the technological features of each platform. This comparison enables her to explore how each platform affects the role copyright laws play in securing compliance from their users. Through a case study detailing the content generative activities undertaken by a hypothetical user named Jane Doe, as well as drawing from empirical studies, the book argues that – in spite of copyright’s purported regulation of certain behaviours – users are 'nudged' by the social media platforms themselves to behave in ways that may be inconsistent with copyright laws. Praise for Regulating Content on Social Media 'This book makes an important contribution to the field of social media and copyright. It tackles the real issue of how social media is designed to encourage users to engage in generative practices, in a sense effectively “seducing” users into practices that involve misuse or infringement of copyright, whilst simultaneously normalising such practices.’ Melissa de Zwart, Dean of Law, Adelaide Law School, Australia "This timely and accessible book examines the regulation of content generative activities across five popular social media platforms – Facebook, Pinterest, YouTube, Twitter and Wikipedia. Its in-depth, critical and comparative analysis of the platforms' growing efforts to align terms of service and technological features with copyright law should be of great interest to anyone studying the interplay of law and new media." Peter K. Yu, Director of the Center for Law and Intellectual Property, Texas A&M University


Book Synopsis Regulating Content on Social Media by : Corinne Tan

Download or read book Regulating Content on Social Media written by Corinne Tan and published by UCL Press. This book was released on 2018-03-26 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are users influenced by social media platforms when they generate content, and does this influence affect users’ compliance with copyright laws? These are pressing questions in today’s internet age, and Regulating Content on Social Media answers them by analysing how the behaviours of social media users are regulated from a copyright perspective. Corinne Tan, an internet governance specialist, compares copyright laws on selected social media platforms, namely Facebook, Pinterest, YouTube, Twitter and Wikipedia, with other regulatory factors such as the terms of service and the technological features of each platform. This comparison enables her to explore how each platform affects the role copyright laws play in securing compliance from their users. Through a case study detailing the content generative activities undertaken by a hypothetical user named Jane Doe, as well as drawing from empirical studies, the book argues that – in spite of copyright’s purported regulation of certain behaviours – users are 'nudged' by the social media platforms themselves to behave in ways that may be inconsistent with copyright laws. Praise for Regulating Content on Social Media 'This book makes an important contribution to the field of social media and copyright. It tackles the real issue of how social media is designed to encourage users to engage in generative practices, in a sense effectively “seducing” users into practices that involve misuse or infringement of copyright, whilst simultaneously normalising such practices.’ Melissa de Zwart, Dean of Law, Adelaide Law School, Australia "This timely and accessible book examines the regulation of content generative activities across five popular social media platforms – Facebook, Pinterest, YouTube, Twitter and Wikipedia. Its in-depth, critical and comparative analysis of the platforms' growing efforts to align terms of service and technological features with copyright law should be of great interest to anyone studying the interplay of law and new media." Peter K. Yu, Director of the Center for Law and Intellectual Property, Texas A&M University


Reclaiming Fair Use

Reclaiming Fair Use

Author: Patricia Aufderheide

Publisher: University of Chicago Press

Published: 2011-07-15

Total Pages: 214

ISBN-13: 0226032442

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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 some permissions “i” proves undottable. Patricia Aufderheide and Peter Jaszi chart a clear path through the confusion by urging a robust embrace of a principle long-embedded in copyright law, but too often poorly understood—fair use. By challenging the widely held notion that current copyright law has become unworkable and obsolete in the era of digital technologies, Reclaiming Fair Use promises to reshape the debate in both scholarly circles and the creative community. This indispensable guide distills the authors’ years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals into no-nonsense advice and practical examples for content producers. Reclaiming Fair Use begins by surveying the landscape of contemporary copyright law—and the dampening effect it can have on creativity—before laying out how the fair-use principle can be employed to avoid copyright violation. Finally, Aufderheide and Jaszi summarize their work with artists and professional groups to develop best practice documents for fair use and discuss fair use in an international context. Appendixes address common myths about fair use and provide a template for creating the reader’s own best practices. Reclaiming Fair Use will be essential reading for anyone concerned with the law, creativity, and the ever-broadening realm of new media.


Book Synopsis Reclaiming Fair Use by : Patricia Aufderheide

Download or read book Reclaiming Fair Use written by Patricia Aufderheide and published by University of Chicago Press. This book was released on 2011-07-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 some permissions “i” proves undottable. Patricia Aufderheide and Peter Jaszi chart a clear path through the confusion by urging a robust embrace of a principle long-embedded in copyright law, but too often poorly understood—fair use. By challenging the widely held notion that current copyright law has become unworkable and obsolete in the era of digital technologies, Reclaiming Fair Use promises to reshape the debate in both scholarly circles and the creative community. This indispensable guide distills the authors’ years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals into no-nonsense advice and practical examples for content producers. Reclaiming Fair Use begins by surveying the landscape of contemporary copyright law—and the dampening effect it can have on creativity—before laying out how the fair-use principle can be employed to avoid copyright violation. Finally, Aufderheide and Jaszi summarize their work with artists and professional groups to develop best practice documents for fair use and discuss fair use in an international context. Appendixes address common myths about fair use and provide a template for creating the reader’s own best practices. Reclaiming Fair Use will be essential reading for anyone concerned with the law, creativity, and the ever-broadening realm of new media.


Copy Fights

Copy Fights

Author: Adam D. Thierer

Publisher: Cato Institute

Published: 2002

Total Pages: 340

ISBN-13: 9781930865259

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A debate on the theory of intellectual property, the


Book Synopsis Copy Fights by : Adam D. Thierer

Download or read book Copy Fights written by Adam D. Thierer and published by Cato Institute. This book was released on 2002 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: A debate on the theory of intellectual property, the