Harvard CSCI E-2a 1 1 7: Copyright. Harvard CSCI E-2a2.

Harvard CSCI E-2aHarvard CSCI E-2a 11

7: Copyright7: Copyright



MPAA brief supporting RIAA against Thomas


“If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instructions himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should be freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature . . .”

Thomas Jefferson

“If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instructions himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should be freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature . . .”

Thomas Jefferson

Non-exclusionary

Non-rivalrous


The Fundamental Mechanism: A Time-limited

Monopoly

The Fundamental Mechanism: A Time-limited

Monopoly

US Constitution, Article 1, §8:

“The Congress shall have the power ...

To promote the Progress of Science and the Useful Arts, by securing for limited Times to authors and inventors the exclusive Right to their respective Writings and Discoveries.”

US Constitution, Article 1, §8:

“The Congress shall have the power ...

To promote the Progress of Science and the Useful Arts, by securing for limited Times to authors and inventors the exclusive Right to their respective Writings and Discoveries.”


© Copyright on one slide© Copyright on one slide Covers

Original work of authorship, fixed in a tangible medium Covers entire work

Gives the author the following exclusive rights To reproduce the work To prepare derivative works To distribute the work To perform and display the work publicly

Lasts for the life of the author + 70 yrs, or 95 yrs from publication (for a corporation)

Automatic since 1978 – works are “born copyright” Ignorance is no defense against copyright infringement. (Copyright

is a strict liability regime.) Abridged by: copying (literal and non-literal) Legally avoided by: independent creation The details are complicated (about 250 pages in the US Legal Code)Access + similarity => infringement

Covers Original work of authorship, fixed in a tangible medium Covers entire work






Insufficient originalityInsufficient originality


Sufficient originalitySufficient originality














Derivative workDerivative work














QuickTime™ and a decompressor

are needed to see this picture.QuickTime™ and a

decompressorare needed to see this picture.


Increasing duration of copyright

Increasing duration of copyright

Year enacted Max copyright term

1790 28 years (14 + 14 renewal)

1831 42

1909 56

1962 59

1965 61

1967 62

1968 63

1969 64

1970 65

1971 66

1972 68

1974 70

1976 life + 50 , or 75 (corp)

1998 life + 70, or 95 (corp)

Year enacted Max copyright term

1790 28 years (14 + 14 renewal)

1831 42

1909 56

1962 59

1965 61

1967 62

1968 63

1969 64

1970 65

1971 66

1972 68

1974 70

1976 life + 50 , or 75 (corp)

1998 life + 70, or 95 (corp)














Fair UseFair Use

Nature of the useParody, education, criticismRip-off

Nature of the workZapruder

Amount of the work used Impact on potential market for the work

BetamaxThumbnails

Nature of the useParody, education, criticismRip-off

Nature of the workZapruder

Amount of the work used Impact on potential market for the work

BetamaxThumbnails



(from Siva Vaidhyanathan)

•Google will pay $125 million to settle the case. Much of this will fund the next bullet point.

•Google will establish and run a not-for-profit rights registry to allow rights holders to claim or establish control over out-of-print works.

•Google will offer (with nasty digital rights management) full-text copies out-of-print books for sale as downloads.

•Google will offer much better access to many out-of-print works still under copyright. Right now Google offers these texts in useless "snippet" form. There would be much richer and broader access under the settlement.

•Google will provide designated terminals in U.S. libraries that will offer free (as in beer, not speech), full-text, online viewing of millions of out-of-print books. I must assume there will be no printing allowed from these terminals.


Now that Google has proposed establishing and running the central commercial clearinghouse for rights to much of the written work of the 20th century, we must reflect on how complicit some universities have been in centralizing and commercializing knowledge under a single corporate umbrella.

At the core of this settlement is this fact that university libraries much confront: For the first time, elements of library collections will be offered for sale in widespread manner via a private contractor. Perhaps this is only a shift of degree. Perhaps it is a major mission shift.

Ultimately, I have to ask: Is this really the best possible system for the universal spread of knowledge?


1. A defendant prosecuted pursuant to this act is entitled to the process protections of the criminal law, including the rules and constitutional law of criminal procedure and the right to trial by jury empowered to act by general verdict.

2. Congress has exceeded its power by placing the executive function of prosecuting an essentially criminal statute in private hands.

3. Congress has violated constitutional separation of powers by requiring the judicial branch to try cases pursuant to their essentially criminal mandate by inappropriate civil process.

4. Congress has exceeded the limits of substantive due process of the Fifth and Eighth Amendments to the Constitution by mandating grossly excessive statutory damage awards.

Defense filing in Tenenbaum

Date post:	22-Dec-2015
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