X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/234f4675be387dbded31b139e3f2cfd5c568bb6b..e768a746d89e90ebc2274d4be0f609b3314d8f5e:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index 3ef5c14..eae61d5 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -966,7 +966,7 @@ this change, the war to rid the world of Internet pirates will al culture of values that have been integral to our tradition from the start. Constitution, U.S.First Amendment to -Copyright lawas protection of creators +copyright lawas protection of creators First Amendment Netanel, Neil Weinstock @@ -1131,7 +1131,7 @@ to which most of us remain oblivious. <quote>PIRACY</quote> -Copyright lawEnglish +copyright lawEnglish Mansfield, William Murray, Lord music publishing sheet music @@ -2123,6 +2123,8 @@ and noticing split infinitives are the things that literate peopl about. advertising +commercials +televisionadvertising on Maybe. But in a world where children see on average 390 hours of television commercials per year, or between 20,000 and 45,000 @@ -2148,6 +2150,7 @@ how difficult media is. Or more fundamentally, few of us have a sense of how media works, how it holds an audience or leads it through a story, how it triggers emotion or builds suspense. + It took filmmaking a generation before it could do these things well. But even then, the knowledge was in the filming, not in writing about @@ -3105,6 +3108,7 @@ Edison's creative property.
Recorded Music +copyright lawon music recordings The record industry was born of another kind of piracy, though to see how requires a bit of detail about the way the law regulates music. @@ -3241,6 +3245,7 @@ Copyright Act in 1909, record companies were free to distribute copies of recordings so long as they paid the composer (or copyright holder) the fee set by the statute. +Grisham, John This is an exception within the law of copyright. When John Grisham writes a novel, a publisher is free to publish that novel only if @@ -3249,8 +3254,8 @@ charge whatever he wants for that permission. The price to publish Grisham is thus set by Grisham, and copyright law ordinarily says you have no permission to use Grisham's work except with permission of Grisham. -Grisham, John + But the law governing recordings gives recording artists less. And thus, in effect, the law subsidizes the recording @@ -4246,6 +4251,17 @@ legitimate rights of creators while protecting innovation. Sometimes this has meant more rights for creators. Sometimes less. artistsrecording industry payments to +composers, copyright protections of +Congress, U.S.on copyright laws +Congress, U.S.on recording industry +copyright lawon music recordings +copyright lawstatutory licenses in +radiomusic recordings played on +recording industryartist remuneration in +recording industrycopyright protections in +recording industryradio broadcast and +statutory licenses +composer's rights vs. producers' rights in So, as we've seen, when mechanical reproduction threatened the interests of composers, Congress balanced the rights of composers @@ -4267,6 +4283,7 @@ compensation, but at a level set by the law. It likewise gave cable companies the right to the content, so long as they paid the statutory price. + @@ -4285,6 +4302,8 @@ Congress chose a path that would assure compensation without giving the past (broadcasters) control over the future (cable). + + Betamax cassette recordingVCRs @@ -4301,6 +4320,7 @@ and shows. Sony was therefore benefiting from the copyright infringement of its customers. It should therefore, Disney and Universal claimed, be partially liable for that infringement. + There was something to Disney's and Universal's claim. Sony did decide to design its machine to make it very simple to record television @@ -10653,6 +10673,7 @@ social causes. But with the Internet, it includes a wide range of individuals and groups dedicated to spreading culture generally. +pornography There's a parallel here with pornography that is a bit hard to describe, but it's a strong one. One phenomenon that the Internet created was a world of noncommercial pornographers—people who @@ -11637,6 +11658,8 @@ who had advised us early on about a First Amendment strategy; and finally, former solicitor general Charles Fried. Fried, Charles +Congress, U.S.constitutional powers of +Constitution, U.S.Commerce Clause of Fried was a special victory for our side. Every other former solicitor general was hired by the other side to defend Congress's power to give @@ -11666,6 +11689,8 @@ continue to have the right to control who did what with content they wanted to control. Gershwin, George +Porgy and Bess +pornography Dr. Seuss's representatives, for example, argued that it was better for the Dr. Seuss estate to control what happened to @@ -13021,6 +13046,7 @@ perspectives. And WIPO was an ideal venue for this discussion, since WIPO is the preeminent international body dealing with intellectual property issues. +World Summit on the Information Society (WSIS) Indeed, I was once publicly scolded for not recognizing this fact about WIPO. In February 2003, I delivered a keynote address to a @@ -13051,6 +13077,7 @@ had thought it was taken for granted that WIPO could and should. And thus the meeting about open and collaborative projects to create public goods seemed perfectly appropriate within the WIPO agenda. + Apple Corporation But there is one project within that list that is highly @@ -13165,7 +13192,10 @@ in understanding—the sort of mistake that is excusable in a first-year law student, but an embarrassment from a high government official dealing with intellectual property issues. +World Summit on the Information Society (WSIS) +drugspharmaceutical generic drugs +patentson pharmaceuticals Second, who ever said that WIPO's exclusive aim was to promote intellectual property maximally? As I had been scolded at the