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IP 101
                         CCR 747 ::: S13




Thursday, March 21, 13
we are surrounded



Thursday, March 21, 13
Thursday, March 21, 13
Thursday, March 21, 13
Thursday, March 21, 13
Thursday, March 21, 13
Thursday, March 21, 13
Thursday, March 21, 13
Thursday, March 21, 13
Jess:
I’ve been coming back to this idea throughout the week as I
think about my own project with community work, where
populations or individuals are often not deemed authors, or at
least not Authors. And their work goes unacknowledged
because they lack the access or agency to publish and/or to be
heard so that they can even act in the capacity of an author. ...I
keep thinking about how the cultural status of an author (as it
relates to copyright laws) first acknowledges that an author
exists. I guess I’m wondering if copyright laws do/can protect
people in this situation, people who perhaps aren’t necessarily
typical authors wanting to protect their work but still write
and invent texts?


Thursday, March 21, 13
Tamara:
            Who benefits from copyright law?  
            What is the purpose of publishing work/
            making it public?  
            What is a work worth if the general public
            cannot access it?

            [And what is the purpose of protecting it?]



Thursday, March 21, 13
Statute of Anne
                              1710



Thursday, March 21, 13
an act for the
        encouragement of learning



Thursday, March 21, 13
“the Encouragement of
                  Learned Men to
                Compose and Write
                    useful Books”

Thursday, March 21, 13
14 / 14
            registration requirement



Thursday, March 21, 13
Donaldson vs Beckett
                         1774


Thursday, March 21, 13
public interest?
                         natural rights?


Thursday, March 21, 13
“The Congress shall have Power ... To
    promote the Progress of Science and
    useful Arts, by securing for limited
    Times to Authors and Inventors the
    Exclusive Right to their respective
    Writings and Discoveries.”
                            (USC 17, Article 1, Section 8)




Thursday, March 21, 13
“The Congress shall have Power ... To
   promote the Progress of Science and
   useful Arts, by securing for limited
   Times to Authors and Inventors the
   Exclusive Right to their respective
   Writings and Discoveries.”
                           (USC 17, Article 1, Section 8)




Thursday, March 21, 13
. To promote the Progress of Science
 and useful Arts, by securing for limited
 Times to Authors and Inventors the
 Exclusive Right to their respective
 Writings and Discoveries.”
                          (USC 17, Article 1, Section 8)




Thursday, March 21, 13
limited monopoly rights



Thursday, March 21, 13
1790: 14/14
                • maps
                • charts
                • books
                • registration requirement



Thursday, March 21, 13
1909: 28/28

                • covered “all the writings of an author”
                • term began from publication rather than
                         registration
                • unpublished works not covered



Thursday, March 21, 13
1976: life + 50
                • Fixation rather than registration
                • Ownership of unbundled rights
                • Termination rights
                • Anonymous/pseudonymous works and
                         works-for-hire: 75 years from publication or
                         100 years from creation.
                • Fair use
Thursday, March 21, 13
http://lundissimo.info/imgs/motorcity/napkinart/guy.jpg




Thursday, March 21, 13
Fair Use
                • What is the character of the use?
                • What is the nature of the use?
                • How much will you use?
                • What are the market effects?


Thursday, March 21, 13
Educational use
                          is protected.


Thursday, March 21, 13
Parody is Protected.



Thursday, March 21, 13
Criticism is protected.



Thursday, March 21, 13
Berne Convention
                • Every major country except China, USSR,
                         and US
                • US entry in 1989 after 102 years of refusal

                              (We’ll come back to this.)




Thursday, March 21, 13
Sonny Bono Copyright
          Term Extension Act, 1998
                • Life + 70 years




Thursday, March 21, 13
Digital Millennium
                          Copyright Act



Thursday, March 21, 13
• No circumventing digital protections
                • No distribution of devices designed to
                         circumvent digital protections
                • No selling of anti-security tools
                • No removing copyright information
                • Safe harbor for Internet Service Providers


Thursday, March 21, 13
What is copyright?

              The right of the author/
                creator to control.


Thursday, March 21, 13
First Sale Doctrine



Thursday, March 21, 13
Reproduction

Thursday, March 21, 13
Derivative Works

Thursday, March 21, 13
Distribution and Sales


Thursday, March 21, 13
Public Performance
     and Display

Thursday, March 21, 13
Digital Transmission

Thursday, March 21, 13
Modern Authorship
                               is . . .


Thursday, March 21, 13
digital

Thursday, March 21, 13
Distributed

                         Collaborative


Thursday, March 21, 13
http://benfry.com/linking/




Thursday, March 21, 13
Thursday, March 21, 13
Issues (Samuelson)
                • ease of replication
                • ease of transmission and multiple use
                • plasticity of digital media
                • equivalence of works in digital form
                • compactness of works in digital form
                • new search and link capacities

Thursday, March 21, 13
transnational



Thursday, March 21, 13
Back to Berne



Thursday, March 21, 13
World Intellectual
                 Property Organization
                       (WIPO)


Thursday, March 21, 13
Trade-Related Aspects of
                         Intellectual Property Rights
                                    (TRIPS)




Thursday, March 21, 13
US as pirate nation.



Thursday, March 21, 13
US as primary exporter



Thursday, March 21, 13
US crackdown on piracy.



Thursday, March 21, 13
Berne Provisions



Thursday, March 21, 13
The countries to which this Convention
            applies constitute a Union for the
            protection of the rights of authors in their
            literary and artistic works.




Thursday, March 21, 13
Protected without formalities



Thursday, March 21, 13
Minimum term of
                             life + 50


Thursday, March 21, 13
exclusive economic rights



Thursday, March 21, 13

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