<indexterm id="idxanimadedcartoons" class='startofrange'>
<primary>animated cartoons</primary>
</indexterm>
+<indexterm id='idxcartoonfilms' class='startofrange'>
+ <primary>cartoon films</primary>
+</indexterm>
<para>
<emphasis role="strong">In 1928</emphasis>, a cartoon character was born. An early Mickey Mouse
made his debut in May of that year, in a silent flop called <citetitle>Plane Crazy</citetitle>.
permission. Yet today, the public domain is presumptive only for
content from before the Great Depression.
</para>
+<indexterm startref='idxcartoonfilms' class='endofrange'/>
<para>
<emphasis role="strong">Of course</emphasis>, Walt Disney had no monopoly on <quote>Walt Disney creativity.</quote>
Nor does America. The norm of free culture has, until recently, and
publisher or the distributor has decided it no longer makes economic
sense <emphasis>to the company</emphasis> to make it available.
</para>
+<indexterm>
+ <primary>books</primary>
+ <secondary>resales of</secondary>
+</indexterm>
<para>
In real space—long before the Internet—the market had a simple
<!-- PAGE BREAK 85 -->
thousands of used book and used record stores in America
today.<footnote><para>
<!-- f16 -->
-While there are not good estimates of the number of used record stores in
-existence, in 2002, there were 7,198 used book dealers in the United States,
-an increase of 20 percent since 1993. See Book Hunter Press, <citetitle>The Quiet
-Revolution: The Expansion of the Used Book Market</citetitle> (2002), available at
-<ulink url="http://free-culture.cc/notes/">link #19</ulink>. Used records accounted for $260 million in sales in 2002. See
- National
-Association of Recording Merchandisers, <quote>2002 Annual Survey
- Results,</quote>
-available at
+<indexterm>
+ <primary>books</primary>
+ <secondary>resales of</secondary>
+</indexterm>
+While there are not good estimates of the number of used record stores
+in existence, in 2002, there were 7,198 used book dealers in the
+United States, an increase of 20 percent since 1993. See Book Hunter
+Press, <citetitle>The Quiet Revolution: The Expansion of the Used Book
+Market</citetitle> (2002), available at
+<ulink url="http://free-culture.cc/notes/">link #19</ulink>. Used
+records accounted for $260 million in sales in 2002. See National
+Association of Recording Merchandisers, <quote>2002 Annual Survey
+Results,</quote> available at
<ulink url="http://free-culture.cc/notes/">link #20</ulink>.
</para></footnote>
These stores buy content from owners, then sell the content they
the content they sell.
</para>
<indexterm><primary>Bernstein, Leonard</primary></indexterm>
+<indexterm>
+ <primary>books</primary>
+ <secondary>out of print</secondary>
+</indexterm>
<para>
Type C sharing, then, is very much like used book stores or used
record stores. It is different, of course, because the person making
stopped, do you think that libraries and used book stores should be
shut as well?
</para>
+<indexterm id='idxbooksfreeonline1' class='startofrange'>
+ <primary>books</primary>
+ <secondary>free on-line releases of</secondary>
+</indexterm>
<para>
Finally, and perhaps most importantly, file-sharing networks enable
type D sharing to occur—the sharing of content that copyright owners
both he and society are better off. (Actually, much better off: It is a
great book!)
</para>
+<indexterm startref='idxbooksfreeonline1' class='endofrange'/>
<para>
Likewise for work in the public domain: This sharing benefits society
with no legal harm to authors at all. If efforts to solve the problem
<title>CHAPTER SIX: Founders</title>
<indexterm><primary>Henry V</primary></indexterm>
<indexterm><primary>Branagh, Kenneth</primary></indexterm>
+<indexterm id='idxbooksenglishlaw' class='startofrange'>
+ <primary>books</primary>
+ <secondary>English copyright law developed for</secondary>
+</indexterm>
<para>
<emphasis role='strong'>William Shakespeare</emphasis> wrote
<citetitle>Romeo and Juliet</citetitle> in 1595. The play was first
copyright. Prices of the classics were thus kept high; competition to
produce better or cheaper editions was eliminated.
</para>
+<indexterm id='idxbritishparliament' class='startofrange'>
+ <primary>British Parliament</primary>
+</indexterm>
<para>
Now, there's something puzzling about the year 1774 to anyone who
knows a little about copyright law. The better-known year in the
only so long as it benefited society. The British saw the harms from
specialinterest favors; they passed a law to stop them.
</para>
+<indexterm id='idxbooksellers' class='startofrange'>
+ <primary>booksellers, English</primary>
+</indexterm>
<para>
Second, about booksellers. It wasn't just that the copyright was a
monopoly. It was also that it was a monopoly held by the booksellers.
culture is available to people and how they get access to it are made
by the few despite the wishes of the many.
</para>
+<indexterm startref='idxbooksellers' class='endofrange'/>
<para>
At least, this was the rule in a world where the Parliament is
antimonopoly, resistant to the protectionist pleas of publishers. In a
world where the Parliament is more pliant, free culture would be less
protected.
</para>
+<indexterm startref='idxbritishparliament' class='endofrange'/>
+<indexterm startref='idxbooksenglishlaw' class='endofrange'/>
<!-- PAGE BREAK 106 -->
</chapter>
<chapter label="7" id="recorders">
<indexterm id='idxarchivesdigital1' class='startofrange'>
<primary>archives, digital</primary>
</indexterm>
+<indexterm><primary>bots</primary></indexterm>
<para>
<emphasis role='strong'>In April 1996</emphasis>, millions of
<quote>bots</quote>—computer codes designed to
the content can continue to inform even if that information is no
longer sold.
</para>
+<indexterm>
+ <primary>books</primary>
+ <secondary>out of print</secondary>
+</indexterm>
<para>
The same has always been true about books. A book goes out of print
very quickly (the average today is after about a year<footnote><para>
<!-- f3 -->
+<indexterm>
+ <primary>books</primary>
+ <secondary>out of print</secondary>
+</indexterm>
Dave Barns, <quote>Fledgling Career in Antique Books: Woodstock Landlord,
Bar Owner Starts a New Chapter by Adopting Business,</quote> <citetitle>Chicago Tribune</citetitle>,
5 September 1997, at Metro Lake 1L. Of books published between 1927
<citetitle>University of Chicago Law Review</citetitle> 70 (2003): 471, 498–501, and
accompanying figures. </para></footnote>
</para>
+<indexterm>
+ <primary>books</primary>
+ <secondary>out of print</secondary>
+</indexterm>
+<indexterm>
+ <primary>books</primary>
+ <secondary>resales of</secondary>
+</indexterm>
<para>
Even today, this structure would make sense. Most creative work
has an actual commercial life of just a couple of years. Most books fall
<title>All potential uses of a book.</title>
<graphic fileref="images/1521.png"></graphic>
</figure>
+<indexterm id='idxbooksusetypes' class='startofrange'>
+ <primary>books</primary>
+ <secondary>three types of uses of</secondary>
+</indexterm>
<para>
<!-- PAGE BREAK 152 -->
Think about a book in real space, and imagine this circle to represent
sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that
are nonetheless deemed <quote>fair</quote> regardless of the copyright owner's views.
</para>
+<indexterm startref='idxbooksusetypes' class='endofrange'/>
+<indexterm>
+ <primary>books</primary>
+ <secondary>on Internet</secondary>
+</indexterm>
<para>
Enter the Internet—a distributed, digital network where every use
of a copyrighted work produces a copy.<footnote><para>
use—reading— could be regulated by copyright law because
none of those uses produced a copy.
</para>
+<indexterm>
+ <primary>books</primary>
+ <secondary>on Internet</secondary>
+</indexterm>
<para>
But the same book as an e-book is effectively governed by a different
set of rules. Now if the copyright owner says you may read the book
videos. Video Pipeline got the trailers from the film distributors, put
the trailers on tape, and sold the tapes to the retail stores.
</para>
+<indexterm><primary>browsing</primary></indexterm>
<para>
The company did this for about fifteen years. Then, in 1997, it began
to think about the Internet as another way to distribute these
because the technology builds a copy into every transaction.
</para>
<indexterm><primary>Barnes & Noble</primary></indexterm>
+<indexterm><primary>browsing</primary></indexterm>
<para>
<!-- PAGE BREAK 158 -->
No doubt, a potential is not yet an abuse, and so the potential for
silly claim. This extremism was irrelevant to the real freedoms anyone
(including Warner Brothers) enjoyed.
</para>
+<indexterm id='idxbooksoninternet' class='startofrange'>
+ <primary>books</primary>
+ <secondary>on Internet</secondary>
+</indexterm>
<para>
On the Internet, however, there is no check on silly rules, because on
the Internet, increasingly, rules are enforced not by a human but by a
often crazy.
</para>
<indexterm startref="idxadobeebookreader" class='endofrange'/>
+<indexterm startref='idxbooksoninternet' class='endofrange'/>
<para>
To see the point in a particularly absurd context, consider a favorite
story of mine that makes the same point.
that space to do as you wished with this part of our culture. You were
allowed to build on it as you wished without fear of legal control.
</para>
+<indexterm><primary>bots</primary></indexterm>
<para>
But if you moved your club onto the Internet, and made it generally
available for others to join, the story would be very different. Bots
<section id="examples">
<title>Rebuilding Freedoms Previously Presumed: Examples</title>
+<indexterm id='browsing' class='startofrange'>
+ <primary>browsing</primary>
+</indexterm>
<para>
If you step back from the battle I've been describing here, you will
recognize this problem from other contexts. Think about
electronic spaces, then the friction-induced privacy of yesterday
disappears.
</para>
+<indexterm startref='browsing' class='endofrange'/>
<para>
It is this reality that explains the push of many to define <quote>privacy</quote>
on the Internet. It is the recognition that technology can remove what
them—are needed. Creative Commons gives people a way effectively
to begin to build those rules.
</para>
+<indexterm id='idxbooksfreeonline2' class='startofrange'>
+ <primary>books</primary>
+ <secondary>free on-line releases of</secondary>
+</indexterm>
<para>
Why would creators participate in giving up total control? Some
participate to better spread their content. Cory Doctorow, for
publisher had expected. This first novel of a science fiction author
was a total success.
</para>
+<indexterm><primary>Free for All (Wayner)</primary></indexterm>
+<indexterm><primary>Wayner, Peter</primary></indexterm>
<para>
The idea that free content might increase the value of nonfree content
was confirmed by the experience of another author. Peter Wayner,
used book store prices for the book. As predicted, as the number of
downloads increased, the used book price for his book increased, as
well.
-<indexterm><primary>Free for All (Wayner)</primary></indexterm>
-<indexterm><primary>Wayner, Peter</primary></indexterm>
</para>
+<indexterm startref='idxbooksfreeonline2' class='endofrange'/>
<indexterm><primary>Public Enemy</primary></indexterm>
<indexterm><primary>rap music</primary></indexterm>
<indexterm><primary>Leaphart, Walter</primary></indexterm>
law should be to facilitate the access to this content, ideally in a
way that returns something to the artist.
</para>
+<indexterm>
+ <primary>books</primary>
+ <secondary>out of print</secondary>
+</indexterm>
+<indexterm>
+ <primary>books</primary>
+ <secondary>resales of</secondary>
+</indexterm>
<para>
Again, the model here is the used book store. Once a book goes out of
print, it may still be available in libraries and used book
projects / text-free-culture-lessig.git / blobdiff