Update to current version.

[text-free-culture-lessig.git] / freeculture.xml

diff --git a/freeculture.xml b/freeculture.xml
index a00d14709f9d99070567b9a56edbd8b24d3a221e..fc52639a6cc31ee1c204d7ec2e783a96fa63ab95 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -889,6 +889,7 @@ been undone.  The consequence is that we are less and less a free
 culture, more and more a permission culture.
 </para>
 <!-- PAGE BREAK 24 -->
 culture, more and more a permission culture.
 </para>
 <!-- PAGE BREAK 24 -->

+<indexterm><primary>protection of artists vs. business interests</primary></indexterm>

 <para>
 This change gets justified as necessary to protect commercial
 creativity.  And indeed, protectionism is precisely its
 <para>
 This change gets justified as necessary to protect commercial
 creativity.  And indeed, protectionism is precisely its


@@ -1131,7 +1132,7 @@ to which most of us remain oblivious.
 <partintro>
 <!-- PAGE BREAK 30 -->
 <indexterm><primary>Copyright law</primary><secondary>English</secondary></indexterm>
 <partintro>
 <!-- PAGE BREAK 30 -->
 <indexterm><primary>Copyright law</primary><secondary>English</secondary></indexterm>

-<indexterm id='idxmansfield1' class='startofrange'><primary>Mansfield, William Murray, Lord</primary></indexterm>
+<indexterm id='idxmansfieldwilliammurraylord' class='startofrange'><primary>Mansfield, William Murray, Lord</primary></indexterm>

 <indexterm><primary>music publishing</primary></indexterm>
 <indexterm><primary>sheet music</primary></indexterm>
 <para>
 <indexterm><primary>music publishing</primary></indexterm>
 <indexterm><primary>sheet music</primary></indexterm>
 <para>


@@ -1150,7 +1151,7 @@ of them for his own use.<footnote><para>
 <citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 Eng. Rep. 1274 (1777) (Mansfield).
 </para></footnote>
 </para>
 <citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 Eng. Rep. 1274 (1777) (Mansfield).
 </para></footnote>
 </para>

-<indexterm startref="idxmansfield1" class='endofrange'/>
+<indexterm startref='idxmansfieldwilliammurraylord' class='endofrange'/>

 </blockquote>
 <indexterm><primary>Internet</primary><secondary> efficient content distribution on</secondary></indexterm>
 <indexterm id='idxpeertopeerppfilesharingefficiencyof' class='startofrange'><primary>peer-to-peer (p2p) file sharing</primary><secondary>efficiency of</secondary></indexterm>
 </blockquote>
 <indexterm><primary>Internet</primary><secondary> efficient content distribution on</secondary></indexterm>
 <indexterm id='idxpeertopeerppfilesharingefficiencyof' class='startofrange'><primary>peer-to-peer (p2p) file sharing</primary><secondary>efficiency of</secondary></indexterm>


@@ -1202,7 +1203,8 @@ piracy.
 <indexterm><primary>ASCAP</primary></indexterm>
 <indexterm><primary>Dreyfuss, Rochelle</primary></indexterm>
 <indexterm><primary>Girl Scouts</primary></indexterm>
 <indexterm><primary>ASCAP</primary></indexterm>
 <indexterm><primary>Dreyfuss, Rochelle</primary></indexterm>
 <indexterm><primary>Girl Scouts</primary></indexterm>

-<indexterm id='idxifvalue' class='startofrange'><primary><quote>if value, then right</quote> theory</primary></indexterm>
+<indexterm id='idxcreativepropertyifvaluethenrighttheoryof' class='startofrange'><primary>creative property</primary><secondary><quote>if value, then right</quote> theory of</secondary></indexterm>
+<indexterm id='idxifvaluethenrighttheory' class='startofrange'><primary><quote>if value, then right</quote> theory</primary></indexterm>

 <para>
 This view runs deep within the current debates. It is what NYU law
 professor Rochelle Dreyfuss criticizes as the <quote>if value, then right</quote> 
 <para>
 This view runs deep within the current debates. It is what NYU law
 professor Rochelle Dreyfuss criticizes as the <quote>if value, then right</quote> 


@@ -1226,6 +1228,7 @@ Speech, No One Wins,</quote> <citetitle>Boston Globe</citetitle>, 24 November 20
 There was <quote>value</quote> (the songs) so there must have been a
 <quote>right</quote>&mdash;even against the Girl Scouts.
 </para>
 There was <quote>value</quote> (the songs) so there must have been a
 <quote>right</quote>&mdash;even against the Girl Scouts.
 </para>

+<indexterm startref='idxcreativepropertyifvaluethenrighttheoryof' class='endofrange'/>

 <para>
 This idea is certainly a possible understanding of how creative
 property should work. It might well be a possible design for a system
 <para>
 This idea is certainly a possible understanding of how creative
 property should work. It might well be a possible design for a system


@@ -1234,7 +1237,9 @@ of law protecting creative property. But the <quote>if value, then right</quote>
 theory of creative property has never been America's theory of
 creative property.  It has never taken hold within our law.
 </para>
 theory of creative property has never been America's theory of
 creative property.  It has never taken hold within our law.
 </para>

-<indexterm startref='idxifvalue' class='endofrange'/>
+<indexterm startref='idxifvaluethenrighttheory' class='endofrange'/>
+<indexterm id='idxcopyrightlawonrepublishingvstransformationoforiginalwork' class='startofrange'><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>
+<indexterm id='idxcreativitylegalrestrictionson' class='startofrange'><primary>creativity</primary><secondary>legal restrictions on</secondary></indexterm>

 <para>
 Instead, in our tradition, intellectual property is an instrument. It
 sets the groundwork for a richly creative society but remains
 <para>
 Instead, in our tradition, intellectual property is an instrument. It
 sets the groundwork for a richly creative society but remains


@@ -1249,6 +1254,7 @@ work on the one hand and building upon or transforming that work on
 the other. Copyright law at its birth had only publishing as its concern;
 copyright law today regulates both.
 </para>
 the other. Copyright law at its birth had only publishing as its concern;
 copyright law today regulates both.
 </para>

+<indexterm startref='idxcopyrightlawonrepublishingvstransformationoforiginalwork' class='endofrange'/>

 <para>
 Before the technologies of the Internet, this conflation didn't matter
 all that much. The technologies of publishing were expensive; that
 <para>
 Before the technologies of the Internet, this conflation didn't matter
 all that much. The technologies of publishing were expensive; that


@@ -1257,6 +1263,7 @@ entities could bear the burden of the law&mdash;even the burden of the
 Byzantine complexity that copyright law has become. It was just one
 more expense of doing business.
 </para>
 Byzantine complexity that copyright law has become. It was just one
 more expense of doing business.
 </para>

+<indexterm><primary>copyright law</primary><secondary>creativity impeded by</secondary></indexterm>

 <indexterm><primary>Florida, Richard</primary></indexterm>
 <indexterm><primary>Rise of the Creative Class, The (Florida)</primary></indexterm>
 <para>
 <indexterm><primary>Florida, Richard</primary></indexterm>
 <indexterm><primary>Rise of the Creative Class, The (Florida)</primary></indexterm>
 <para>


@@ -1294,6 +1301,7 @@ under which it will be enabled are much more tenuous.
 Unfortunately, we are also seeing an extraordinary rise of regulation of
 this creative class.
 </para>
 Unfortunately, we are also seeing an extraordinary rise of regulation of
 this creative class.
 </para>

+<indexterm startref='idxcreativitylegalrestrictionson' class='endofrange'/>

 <para>
 These burdens make no sense in our tradition. We should begin by
 understanding that tradition a bit more and by placing in their proper
 <para>
 These burdens make no sense in our tradition. We should begin by
 understanding that tradition a bit more and by placing in their proper


@@ -1304,8 +1312,11 @@ context the current battles about behavior labeled <quote>piracy.</quote>
 <!-- PAGE BREAK 34 -->
 <chapter label="1" id="creators">
 <title>CHAPTER ONE: Creators</title>
 <!-- PAGE BREAK 34 -->
 <chapter label="1" id="creators">
 <title>CHAPTER ONE: Creators</title>

-<indexterm id='idxanimadedcartoons' class='startofrange'><primary>animated cartoons</primary></indexterm>
+<indexterm id='idxanimatedcartoons' class='startofrange'><primary>animated cartoons</primary></indexterm>

 <indexterm id='idxcartoonfilms' class='startofrange'><primary>cartoon films</primary></indexterm>
 <indexterm id='idxcartoonfilms' class='startofrange'><primary>cartoon films</primary></indexterm>

+<indexterm id='idxfilmsanimated' class='startofrange'><primary>films</primary><secondary>animated</secondary></indexterm>
+<indexterm id='idxsteamboatwillie' class='startofrange'><primary>Steamboat Willie</primary></indexterm>
+<indexterm id='idxmickeymouse' class='startofrange'><primary>Mickey Mouse</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>.
 <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>.


@@ -1313,6 +1324,7 @@ In November, in New York City's Colony Theater, in the first widely
 distributed cartoon synchronized with sound, <citetitle>Steamboat Willie</citetitle> brought
 to life the character that would become Mickey Mouse.
 </para>
 distributed cartoon synchronized with sound, <citetitle>Steamboat Willie</citetitle> brought
 to life the character that would become Mickey Mouse.
 </para>

+<indexterm id='idxdisneywalt' class='startofrange'><primary>Disney, Walt</primary></indexterm>

 <para>
 Synchronized sound had been introduced to film a year earlier in the
 movie <citetitle>The Jazz Singer</citetitle>. That success led Walt Disney to copy the
 <para>
 Synchronized sound had been introduced to film a year earlier in the
 movie <citetitle>The Jazz Singer</citetitle>. That success led Walt Disney to copy the


@@ -1363,6 +1375,9 @@ Disney's invention that set the standard that others struggled to
 match.  And quite often, Disney's great genius, his spark of
 creativity, was built upon the work of others.
 </para>
 match.  And quite often, Disney's great genius, his spark of
 creativity, was built upon the work of others.
 </para>

+<indexterm startref='idxdisneywalt' class='endofrange'/>
+<indexterm id='idxkeatonbuster' class='startofrange'><primary>Keaton, Buster</primary></indexterm>
+<indexterm id='idxsteamboatbilljr' class='startofrange'><primary>Steamboat Bill, Jr.</primary></indexterm>

 <para>
 This much is familiar. What you might not know is that 1928 also marks
 another important transition. In that year, a comic (as opposed to
 <para>
 This much is familiar. What you might not know is that 1928 also marks
 another important transition. In that year, a comic (as opposed to


@@ -1377,6 +1392,8 @@ Jr</citetitle>. was a classic of this form, famous among film buffs for its
 incredible stunts.  The film was classic Keaton&mdash;wildly popular
 and among the best of its genre.
 </para>
 incredible stunts.  The film was classic Keaton&mdash;wildly popular
 and among the best of its genre.
 </para>

+<indexterm id='idxderivativeworkspiracyvs' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

 <para>
 <citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon Steamboat
 Willie.
 <para>
 <citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon Steamboat
 Willie.


@@ -1400,6 +1417,12 @@ Steamboat Bill, Jr., itself inspired by the song <quote>Steamboat Bill,</quote>
 that we get Steamboat Willie, and then from Steamboat Willie, Mickey
 Mouse.
 </para>
 that we get Steamboat Willie, and then from Steamboat Willie, Mickey
 Mouse.
 </para>

+<indexterm startref='idxsteamboatwillie' class='endofrange'/>
+<indexterm startref='idxmickeymouse' class='endofrange'/>
+<indexterm startref='idxkeatonbuster' class='endofrange'/>
+<indexterm startref='idxsteamboatbilljr' class='endofrange'/>
+<indexterm id='idxcreativitybytransformingpreviousworks' class='startofrange'><primary>creativity</primary><secondary>by transforming previous works</secondary></indexterm>
+<indexterm id='idxdisneyinc' class='startofrange'><primary>Disney, Inc.</primary></indexterm>

 <para>
 This <quote>borrowing</quote> was nothing unique, either for Disney or for the
 industry. Disney was always parroting the feature-length mainstream
 <para>
 This <quote>borrowing</quote> was nothing unique, either for Disney or for the
 industry. Disney was always parroting the feature-length mainstream


@@ -1419,6 +1442,7 @@ were built upon a base that was borrowed.  Disney added to the work of
 others before him, creating something new out of something just barely
 old.
 </para>
 others before him, creating something new out of something just barely
 old.
 </para>

+<indexterm id='idxgrimmfairytales' class='startofrange'><primary>Grimm fairy tales</primary></indexterm>

 <para>
 Sometimes this borrowing was slight. Sometimes it was significant.
 Think about the fairy tales of the Brothers Grimm. If you're as
 <para>
 Sometimes this borrowing was slight. Sometimes it was significant.
 Think about the fairy tales of the Brothers Grimm. If you're as


@@ -1450,7 +1474,7 @@ creativity from the culture around him, mixed that creativity with his
 own extraordinary talent, and then burned that mix into the soul of
 his culture. Rip, mix, and burn.
 </para>
 own extraordinary talent, and then burned that mix into the soul of
 his culture. Rip, mix, and burn.
 </para>

-<indexterm startref="idxanimadedcartoons" class='endofrange'/>
+<indexterm startref='idxgrimmfairytales' class='endofrange'/>

 <para>
 This is a kind of creativity. It is a creativity that we should
 remember and celebrate. There are some who would say that there is no
 <para>
 This is a kind of creativity. It is a creativity that we should
 remember and celebrate. There are some who would say that there is no


@@ -1460,6 +1484,12 @@ would be a bit misleading. It is, more precisely, <quote>Walt Disney
 creativity</quote>&mdash;a form of expression and genius that builds upon the
 culture around us and makes it something different.
 </para>
 creativity</quote>&mdash;a form of expression and genius that builds upon the
 culture around us and makes it something different.
 </para>

+<indexterm startref='idxderivativeworkspiracyvs' class='endofrange'/>
+<indexterm startref='idxpiracyderivativeworkvs' class='endofrange'/>
+<indexterm startref='idxcreativitybytransformingpreviousworks' class='endofrange'/>
+<indexterm id='idxcopyrightdurationof' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxpublicdomaindefined' class='startofrange'><primary>public domain</primary><secondary>defined</secondary></indexterm>
+<indexterm id='idxpublicdomaintraditionaltermforconversionto' class='startofrange'><primary>public domain</primary><secondary>traditional term for conversion to</secondary></indexterm>

 <para> In 1928, the culture that Disney was free to draw upon was
 relatively fresh. The public domain in 1928 was not very old and was
 therefore quite vibrant. The average term of copyright was just around
 <para> In 1928, the culture that Disney was free to draw upon was
 relatively fresh. The public domain in 1928 was not very old and was
 therefore quite vibrant. The average term of copyright was just around


@@ -1491,6 +1521,8 @@ for Disney to use and build upon in 1928. It was free for
 anyone&mdash; whether connected or not, whether rich or not, whether
 approved or not&mdash;to use and build upon.
 </para>
 anyone&mdash; whether connected or not, whether rich or not, whether
 approved or not&mdash;to use and build upon.
 </para>

+<indexterm startref='idxanimatedcartoons' class='endofrange'/>
+<indexterm startref='idxfilmsanimated' class='endofrange'/>

 <para>
 This is the ways things always were&mdash;until quite recently. For most
 of our history, the public domain was just over the horizon. From
 <para>
 This is the ways things always were&mdash;until quite recently. For most
 of our history, the public domain was just over the horizon. From


@@ -1505,12 +1537,22 @@ permission. Yet today, the public domain is presumptive only for
 content from before the Great Depression.
 </para>
 <indexterm startref='idxcartoonfilms' class='endofrange'/>
 content from before the Great Depression.
 </para>
 <indexterm startref='idxcartoonfilms' class='endofrange'/>

+<indexterm startref='idxdisneyinc' class='endofrange'/>
+<indexterm startref='idxcopyrightdurationof' class='endofrange'/>
+<indexterm startref='idxpublicdomaindefined' class='endofrange'/>
+<indexterm startref='idxpublicdomaintraditionaltermforconversionto' class='endofrange'/>
+<indexterm><primary>Disney, Walt</primary></indexterm>

 <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
 except within totalitarian nations, been broadly exploited and quite
 universal.
 </para>
 <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
 except within totalitarian nations, been broadly exploited and quite
 universal.
 </para>

+<indexterm id='idxcomicsjapanese' class='startofrange'><primary>comics, Japanese</primary></indexterm>
+<indexterm id='idxderivativeworkspiracyvs2' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxjapanesecomics' class='startofrange'><primary>Japanese comics</primary></indexterm>
+<indexterm id='idxmanga' class='startofrange'><primary>manga</primary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs2' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

 <para>
 Consider, for example, a form of creativity that seems strange to many
 Americans but that is inescapable within Japanese culture: <citetitle>manga</citetitle>, or
 <para>
 Consider, for example, a form of creativity that seems strange to many
 Americans but that is inescapable within Japanese culture: <citetitle>manga</citetitle>, or


@@ -1536,6 +1578,8 @@ But my purpose here is not to understand manga. It is to describe a
 variant on manga that from a lawyer's perspective is quite odd, but
 from a Disney perspective is quite familiar.
 </para>
 variant on manga that from a lawyer's perspective is quite odd, but
 from a Disney perspective is quite familiar.
 </para>

+<indexterm id='idxcreativitybytransformingpreviousworks2' class='startofrange'><primary>creativity</primary><secondary>by transforming previous works</secondary></indexterm>
+<indexterm id='idxdoujinshicomics' class='startofrange'><primary>doujinshi comics</primary></indexterm>

 <para>
 This is the phenomenon of <citetitle>doujinshi</citetitle>. Doujinshi are also comics, but
 they are a kind of copycat comic. A rich ethic governs the creation of
 <para>
 This is the phenomenon of <citetitle>doujinshi</citetitle>. Doujinshi are also comics, but
 they are a kind of copycat comic. A rich ethic governs the creation of


@@ -1551,6 +1595,7 @@ must be different if they are to be considered true doujinshi. Indeed,
 there are committees that review doujinshi for inclusion within shows
 and reject any copycat comic that is merely a copy.
 </para>
 there are committees that review doujinshi for inclusion within shows
 and reject any copycat comic that is merely a copy.
 </para>

+<indexterm id='idxdisneywalt2' class='startofrange'><primary>Disney, Walt</primary></indexterm>

 <para>
 These copycat comics are not a tiny part of the manga market. They are
 huge. More than 33,000 <quote>circles</quote> of creators from across Japan produce
 <para>
 These copycat comics are not a tiny part of the manga market. They are
 huge. More than 33,000 <quote>circles</quote> of creators from across Japan produce


@@ -1562,6 +1607,8 @@ competes with that market, but there is no sustained effort by those
 who control the commercial manga market to shut the doujinshi market
 down. It flourishes, despite the competition and despite the law.
 </para>
 who control the commercial manga market to shut the doujinshi market
 down. It flourishes, despite the competition and despite the law.
 </para>

+<indexterm id='idxcopyrightlawjapanese' class='startofrange'><primary>copyright law</primary><secondary>Japanese</secondary></indexterm>
+<indexterm><primary>Steamboat Bill, Jr.</primary></indexterm>

 <para>
 The most puzzling feature of the doujinshi market, for those trained
 in the law, at least, is that it is allowed to exist at all. Under
 <para>
 The most puzzling feature of the doujinshi market, for those trained
 in the law, at least, is that it is allowed to exist at all. Under


@@ -1576,6 +1623,7 @@ the permission of the original copyright owner is illegal. It is an
 infringement of the original copyright to make a copy or a derivative
 work without the original copyright owner's permission.
 </para>
 infringement of the original copyright to make a copy or a derivative
 work without the original copyright owner's permission.
 </para>

+<indexterm startref='idxdisneywalt2' class='endofrange'/>

 <indexterm id='idxwinickjudd' class='startofrange'><primary>Winick, Judd</primary></indexterm>
 <para>
 Yet this illegal market exists and indeed flourishes in Japan, and in
 <indexterm id='idxwinickjudd' class='startofrange'><primary>Winick, Judd</primary></indexterm>
 <para>
 Yet this illegal market exists and indeed flourishes in Japan, and in


@@ -1592,6 +1640,7 @@ For an excellent history, see Scott McCloud, <citetitle>Reinventing Comics</cite
 York: Perennial, 2000).
 </para></footnote>
 </para>
 York: Perennial, 2000).
 </para></footnote>
 </para>

+<indexterm startref='idxcopyrightlawjapanese' class='endofrange'/>

 <indexterm><primary>Superman comics</primary></indexterm>
 <para>
 American comics now are quite different, Winick explains, in part
 <indexterm><primary>Superman comics</primary></indexterm>
 <para>
 American comics now are quite different, Winick explains, in part


@@ -1601,7 +1650,10 @@ and you have to stick to them.</quote> There are things Superman <quote>cannot</
 do. <quote>As a creator, it's frustrating having to stick to some parameters
 which are fifty years old.</quote>
 </para>
 do. <quote>As a creator, it's frustrating having to stick to some parameters
 which are fifty years old.</quote>
 </para>

-<indexterm startref="idxwinickjudd" class='endofrange'/>
+<indexterm startref='idxwinickjudd' class='endofrange'/>
+<indexterm id='idxcopyrightlawjapanese2' class='startofrange'><primary>copyright law</primary><secondary>Japanese</secondary></indexterm>
+<indexterm><primary>comics, Japanese</primary></indexterm>
+<indexterm id='idxmehrasalil' class='startofrange'><primary>Mehra, Salil</primary></indexterm>

 <para>
 The norm in Japan mitigates this legal difficulty. Some say it is
 precisely the benefit accruing to the Japanese manga market that
 <para>
 The norm in Japan mitigates this legal difficulty. Some say it is
 precisely the benefit accruing to the Japanese manga market that


@@ -1621,6 +1673,9 @@ individual self-interest and decide not to press their legal
 rights. This is essentially a prisoner's dilemma solved.</quote>
 </para></footnote>
 </para>
 rights. This is essentially a prisoner's dilemma solved.</quote>
 </para></footnote>
 </para>

+<indexterm startref='idxcomicsjapanese' class='endofrange'/>
+<indexterm startref='idxjapanesecomics' class='endofrange'/>
+<indexterm startref='idxmanga' class='endofrange'/>

 <para>
 The problem with this story, however, as Mehra plainly acknowledges,
 is that the mechanism producing this laissez faire response is not
 <para>
 The problem with this story, however, as Mehra plainly acknowledges,
 is that the mechanism producing this laissez faire response is not


@@ -1632,6 +1687,8 @@ individual manga artists have sued doujinshi artists, why is there not
 a more general pattern of blocking this <quote>free taking</quote> by the doujinshi
 culture?
 </para>
 a more general pattern of blocking this <quote>free taking</quote> by the doujinshi
 culture?
 </para>

+<indexterm startref='idxcopyrightlawjapanese2' class='endofrange'/>
+<indexterm startref='idxmehrasalil' class='endofrange'/>

 <para>
 I spent four wonderful months in Japan, and I asked this question
 as often as I could. Perhaps the best account in the end was offered by
 <para>
 I spent four wonderful months in Japan, and I asked this question
 as often as I could. Perhaps the best account in the end was offered by


@@ -1651,6 +1708,7 @@ uncompensated sharing? Does piracy here hurt the victims of the
 piracy, or does it help them? Would lawyers fighting this piracy help
 their clients or hurt them?
 </para>
 piracy, or does it help them? Would lawyers fighting this piracy help
 their clients or hurt them?
 </para>

+<indexterm startref='idxdoujinshicomics' class='endofrange'/>

 <para>
 <emphasis role='strong'>Let's pause</emphasis> for a moment.
 </para>
 <para>
 <emphasis role='strong'>Let's pause</emphasis> for a moment.
 </para>


@@ -1678,6 +1736,9 @@ A large, diverse society cannot survive without property; a large,
 diverse, and modern society cannot flourish without intellectual
 property.
 </para>
 diverse, and modern society cannot flourish without intellectual
 property.
 </para>

+<indexterm id='idxdisneywalt3' class='startofrange'><primary>Disney, Walt</primary></indexterm>
+<indexterm id='idxgrimmfairytales2' class='startofrange'><primary>Grimm fairy tales</primary></indexterm>
+<indexterm><primary>Keaton, Buster</primary></indexterm>

 <para>
 But it takes just a second's reflection to realize that there is
 plenty of value out there that <quote>property</quote> doesn't capture. I don't
 <para>
 But it takes just a second's reflection to realize that there is
 plenty of value out there that <quote>property</quote> doesn't capture. I don't


@@ -1693,6 +1754,7 @@ Disney's use would have been considered <quote>fair.</quote> There was nothing
 wrong with the taking from the Grimms because the Grimms' work was in
 the public domain.
 </para>
 wrong with the taking from the Grimms because the Grimms' work was in
 the public domain.
 </para>

+<indexterm id='idxfreeculturederivativeworksbasedon' class='startofrange'><primary>free culture</primary><secondary>derivative works based on</secondary></indexterm>

 <para>
 Thus, even though the things that Disney took&mdash;or more generally,
 the things taken by anyone exercising Walt Disney creativity&mdash;are
 <para>
 Thus, even though the things that Disney took&mdash;or more generally,
 the things taken by anyone exercising Walt Disney creativity&mdash;are


@@ -1702,6 +1764,12 @@ valuable, our tradition does not treat those takings as wrong. Some
 things remain free for the taking within a free culture, and that
 freedom is good.
 </para>
 things remain free for the taking within a free culture, and that
 freedom is good.
 </para>

+<indexterm startref='idxgrimmfairytales2' class='endofrange'/>
+<indexterm id='idxcopyrightlawjapanese3' class='startofrange'><primary>copyright law</primary><secondary>Japanese</secondary></indexterm>
+<indexterm><primary>comics, Japanese</primary></indexterm>
+<indexterm id='idxdoujinshicomics2' class='startofrange'><primary>doujinshi comics</primary></indexterm>
+<indexterm id='idxjapanesecomics2' class='startofrange'><primary>Japanese comics</primary></indexterm>
+<indexterm id='idxmanga2' class='startofrange'><primary>manga</primary></indexterm>

 <para>
 The same with the doujinshi culture. If a doujinshi artist broke into
 a publisher's office and ran off with a thousand copies of his latest
 <para>
 The same with the doujinshi culture. If a doujinshi artist broke into
 a publisher's office and ran off with a thousand copies of his latest


@@ -1710,12 +1778,20 @@ saying the artist was wrong. In addition to having trespassed, he would
 have stolen something of value. The law bans that stealing in whatever
 form, whether large or small.
 </para>
 have stolen something of value. The law bans that stealing in whatever
 form, whether large or small.
 </para>

+<indexterm startref='idxcreativitybytransformingpreviousworks2' class='endofrange'/>

 <para>
 Yet there is an obvious reluctance, even among Japanese lawyers, to
 say that the copycat comic artists are <quote>stealing.</quote> This form of Walt
 Disney creativity is seen as fair and right, even if lawyers in
 particular find it hard to say why.
 </para>
 <para>
 Yet there is an obvious reluctance, even among Japanese lawyers, to
 say that the copycat comic artists are <quote>stealing.</quote> This form of Walt
 Disney creativity is seen as fair and right, even if lawyers in
 particular find it hard to say why.
 </para>

+<indexterm startref='idxderivativeworkspiracyvs2' class='endofrange'/>
+<indexterm startref='idxpiracyderivativeworkvs2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawjapanese3' class='endofrange'/>
+<indexterm startref='idxdoujinshicomics2' class='endofrange'/>
+<indexterm startref='idxjapanesecomics2' class='endofrange'/>
+<indexterm startref='idxmanga2' class='endofrange'/>
+<indexterm><primary>Shakespeare, William</primary></indexterm>

 <para>
 It's the same with a thousand examples that appear everywhere once you
 begin to look. Scientists build upon the work of other scientists
 <para>
 It's the same with a thousand examples that appear everywhere once you
 begin to look. Scientists build upon the work of other scientists


@@ -1741,6 +1817,7 @@ every society has left a certain bit of its culture free for the taking&mdash;fr
 societies more fully than unfree, perhaps, but all societies to some degree.
 <!-- PAGE BREAK 43 -->
 </para>
 societies more fully than unfree, perhaps, but all societies to some degree.
 <!-- PAGE BREAK 43 -->
 </para>

+<indexterm startref='idxdisneywalt3' class='endofrange'/>

 <para>
 The hard question is therefore not <emphasis>whether</emphasis> a
 culture is free. All cultures are free to some degree. The hard
 <para>
 The hard question is therefore not <emphasis>whether</emphasis> a
 culture is free. All cultures are free to some degree. The hard


@@ -1758,6 +1835,7 @@ Free cultures are cultures that leave a great deal open for others to
 build upon; unfree, or permission, cultures leave much less. Ours was a
 free culture. It is becoming much less so.
 </para>
 build upon; unfree, or permission, cultures leave much less. Ours was a
 free culture. It is becoming much less so.
 </para>

+<indexterm startref='idxfreeculturederivativeworksbasedon' class='endofrange'/>

 
 <!-- PAGE BREAK 44 -->
 </chapter>
 
 <!-- PAGE BREAK 44 -->
 </chapter>


@@ -1898,6 +1976,7 @@ v. <citetitle>N.E. Life Ins. Co</citetitle>., 50 S.E. 68 (Ga. 1905);
 Dist. Ct. 1894).
 </para></footnote>
 </para>
 Dist. Ct. 1894).
 </para></footnote>
 </para>

+<indexterm id='idxdisneywalt4' class='startofrange'><primary>Disney, Walt</primary></indexterm>

 <para>
 The arguments in favor of requiring permission will sound surprisingly
 familiar. The photographer was <quote>taking</quote> something from the person or
 <para>
 The arguments in favor of requiring permission will sound surprisingly
 familiar. The photographer was <quote>taking</quote> something from the person or


@@ -1927,6 +2006,7 @@ gets something for nothing. Just as Disney could take inspiration from
 <citetitle>Steamboat Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be
 free to capture an image without compensating the source.
 </para>
 <citetitle>Steamboat Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be
 free to capture an image without compensating the source.
 </para>

+<indexterm startref='idxdisneywalt4' class='endofrange'/>

 <indexterm><primary>images, ownership of</primary></indexterm>
 <para>
 Fortunately for Mr. Eastman, and for photography in general, these
 <indexterm><primary>images, ownership of</primary></indexterm>
 <para>
 Fortunately for Mr. Eastman, and for photography in general, these


@@ -4353,6 +4433,7 @@ technology to benefit from content made before. It balanced the
 interests at stake.
 <!-- PAGE BREAK 91 -->
 </para>
 interests at stake.
 <!-- PAGE BREAK 91 -->
 </para>

+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 When you think across these examples, and the other examples that
 make up the first four chapters of this section, this balance makes
 <para>
 When you think across these examples, and the other examples that
 make up the first four chapters of this section, this balance makes


@@ -4867,7 +4948,7 @@ Exploding the Myth of Common Law Copyright,</quote> <citetitle>Wayne Law Review<
 (1983): 1152.
 </para></footnote>
 </para>
 (1983): 1152.
 </para></footnote>
 </para>

-<indexterm id="idxmansfield2" class='startofrange'><primary>Mansfield, William Murray, Lord</primary></indexterm>
+<indexterm id='idxmansfieldwilliammurraylord2' class='startofrange'><primary>Mansfield, William Murray, Lord</primary></indexterm>

 <para>
 Astonishingly to modern lawyers, one of the greatest judges in English
 history, Lord Mansfield, agreed with the booksellers. Whatever
 <para>
 Astonishingly to modern lawyers, one of the greatest judges in English
 history, Lord Mansfield, agreed with the booksellers. Whatever


@@ -4893,7 +4974,7 @@ a reasonable period of time. Within twenty-one years, Parliament
 believed, Britain would mature from the controlled culture that the
 Crown coveted to the free culture that we inherited.
 </para>
 believed, Britain would mature from the controlled culture that the
 Crown coveted to the free culture that we inherited.
 </para>

-<indexterm startref="idxmansfield2" class='endofrange'/>
+<indexterm startref='idxmansfieldwilliammurraylord2' class='endofrange'/>

 <para>
 The fight to defend the limits of the Statute of Anne was not to end
 there, however, and it is here that Donaldson enters the mix.
 <para>
 The fight to defend the limits of the Statute of Anne was not to end
 there, however, and it is here that Donaldson enters the mix.


@@ -5915,6 +5996,7 @@ proud of. Up there with the Library of Alexandria, putting a man on
 the moon, and the invention of the printing press.
 </para>
 </blockquote>
 the moon, and the invention of the printing press.
 </para>
 </blockquote>

+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 Kahle is not the only librarian. The Internet Archive is not the only
 archive. But Kahle and the Internet Archive suggest what the future of
 <para>
 Kahle is not the only librarian. The Internet Archive is not the only
 archive. But Kahle and the Internet Archive suggest what the future of


@@ -7045,6 +7127,8 @@ pp. 53&ndash;59).
 </para></footnote>
 These two different uses of my creative work are treated the same.
 </para>
 </para></footnote>
 These two different uses of my creative work are treated the same.
 </para>

+<indexterm><primary>Disney, Walt</primary></indexterm>
+<indexterm><primary>Mickey Mouse</primary></indexterm>

 <para>
 This again may seem right to you. If I wrote a book, then why should
 you be able to write a movie that takes my story and makes money from
 <para>
 This again may seem right to you. If I wrote a book, then why should
 you be able to write a movie that takes my story and makes money from


@@ -10463,6 +10547,8 @@ gave birth to a hobby, and his hobby begat a cause: Eldred would build
 a library of public domain works by scanning these works and making
 them available for free.
 </para>
 a library of public domain works by scanning these works and making
 them available for free.
 </para>

+<indexterm id='idxdisneywalt5' class='startofrange'><primary>Disney, Walt</primary></indexterm>
+<indexterm><primary>Grimm fairy tales</primary></indexterm>

 <para>
 Eldred's library was not simply a copy of certain public domain
 works, though even a copy would have been of great value to people
 <para>
 Eldred's library was not simply a copy of certain public domain
 works, though even a copy would have been of great value to people


@@ -10486,7 +10572,8 @@ animated cartoons, sometimes successfully (<citetitle>Cinderella</citetitle>), s
 (<citetitle>The Hunchback of Notre Dame</citetitle>, <citetitle>Treasure Planet</citetitle>). These are all
 commercial publications of public domain works.
 </para>
 (<citetitle>The Hunchback of Notre Dame</citetitle>, <citetitle>Treasure Planet</citetitle>). These are all
 commercial publications of public domain works.
 </para>

-<indexterm startref="idxhawthornenathaniel" class='endofrange'/>
+<indexterm startref='idxhawthornenathaniel' class='endofrange'/>
+<indexterm startref='idxdisneywalt5' class='endofrange'/>

 <para>
 The Internet created the possibility of noncommercial publications of
 public domain works. Eldred's is just one example. There are literally
 <para>
 The Internet created the possibility of noncommercial publications of
 public domain works. Eldred's is just one example. There are literally


@@ -10838,6 +10925,10 @@ its politics struck me as extraordinarily boring.  I was not going to
 devote my life to teaching constitutional law if these nine Justices
 were going to be petty politicians.
 </para>
 devote my life to teaching constitutional law if these nine Justices
 were going to be petty politicians.
 </para>

+<indexterm><primary>Constitution, U.S.</primary><secondary>copyright purpose established in</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>constitutional purpose of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 <emphasis role='strong'>Now let's pause</emphasis> for a moment to
 make sure we understand what the argument in
 <para>
 <emphasis role='strong'>Now let's pause</emphasis> for a moment to
 make sure we understand what the argument in


@@ -14799,7 +14890,7 @@ permission produces. Again, this is the reality of Brezhnev's Russia.
 The law should regulate in certain areas of culture&mdash;but it should
 regulate culture only where that regulation does good. Yet lawyers
 
 The law should regulate in certain areas of culture&mdash;but it should
 regulate culture only where that regulation does good. Yet lawyers
 

-<!-- PAGE BREAK 311 -->
+<!-- PAGE BREAK 311-->

 rarely test their power, or the power they promote, against this
 simple pragmatic question: <quote>Will it do good?</quote> When challenged about
 the expanding reach of the law, the lawyer answers, <quote>Why not?</quote>
 rarely test their power, or the power they promote, against this
 simple pragmatic question: <quote>Will it do good?</quote> When challenged about
 the expanding reach of the law, the lawyer answers, <quote>Why not?</quote>