@@ -8697,7 +8631,7 @@ pattern better than a thousand words could do:
Pattern of modern media ownership.
-
+
@@ -8889,6 +8823,9 @@ depend fundamentally upon the press to help inform Americans about
these issues.
advertising
+commercials
+televisionadvertising on
+Nick and Norm anti-drug campaign
Beginning in 1998, the Office of National Drug Control Policy launched
a media campaign as part of the war on drugs. The campaign produced
@@ -8918,6 +8855,10 @@ money. Assume a group of concerned citizens donates all the money in
the world to help you get your message out. Can you be sure your
message will be heard then?
+Constitution, U.S.First Amendment to
+First Amendment
+Supreme Court, U.S.on television advertising bans
+televisioncontroversy avoided by
No. You cannot. Television stations have a general policy of avoiding
controversial ads. Ads sponsored by the government are deemed
@@ -8929,6 +8870,13 @@ commercial media will refuse one side of a crucial debate the
opportunity to present its case. And the courts will defend the
rights of the stations to be this biased.
+ABC
+Comcast
+Marijuana Policy Project
+NBC
+WJOA
+WRC
+advertising
The Marijuana Policy Project, in February 2003, sought to place ads
that directly responded to the Nick and Norm series on stations within
the Washington, D.C., area. Comcast rejected the ads as against
@@ -8937,31 +8885,29 @@ without reviewing them. The local ABC affiliate, WJOA, originally
agreed to run the ads and accepted payment to do so, but later decided
not to run the ads and returned the collected fees. Interview with
Neal Levine, 15 October 2003. These restrictions are, of course, not
-limited to drug policy. See, for example, Nat Ives, On the Issue of
-an Iraq War, Advocacy Ads Meet with Rejection from TV Networks,New
-York Times, 13 March 2003, C4. Outside of election-related air time
-there is very little that the FCC or the courts are willing to do to
-even the playing field. For a general overview, see Rhonda Brown, Ad
-Hoc Access: The Regulation of Editorial Advertising on Television and
-Radio,Yale Law and Policy Review 6 (1988): 449–79, and for a
-more recent summary of the stance of the FCC and the courts, see
-Radio-Television News Directors Association v. FCC, 184 F. 3d 872
+limited to drug policy. See, for example, Nat Ives, On the
+Issue of an Iraq War, Advocacy Ads Meet with Rejection from TV
+Networks,New York Times, 13 March
+2003, C4. Outside of election-related air time there is very little
+that the FCC or the courts are willing to do to even the playing
+field. For a general overview, see Rhonda Brown, Ad Hoc Access:
+The Regulation of Editorial Advertising on Television and
+Radio,Yale Law and Policy Review 6
+(1988): 449–79, and for a more recent summary of the stance of
+the FCC and the courts, see Radio-Television News Directors
+Association v. FCC, 184 F. 3d 872
(D.C. Cir. 1999). Municipal authorities exercise the same authority as
the networks. In a recent example from San Francisco, the San
Francisco transit authority rejected an ad that criticized its Muni
-diesel buses. Phillip Matier and Andrew Ross, Antidiesel Group Fuming
-After Muni Rejects Ad, SFGate.com, 16 June 2003, available at
-link #32. The ground
-was that the criticism was too controversial.
-ABC
-Comcast
-Marijuana Policy Project
-NBC
-WJOA
-WRC
-advertising
+diesel buses. Phillip Matier and Andrew Ross, Antidiesel Group
+Fuming After Muni Rejects Ad, SFGate.com, 16 June 2003,
+available at link
+#32. The ground was that the criticism was too
+controversial.
+
+
I'd be happy to defend the networks' rights, as well—if we lived
in a media market that was truly diverse. But concentration in the
@@ -9235,13 +9181,13 @@ property, the state ought to protect it. But first impressions
notwithstanding, historically, this property right (as with all
property rights
+legal realist movement
It was the single most important contribution of the legal realist
movement to demonstrate that all property rights are always crafted to
balance public and private interests. See Thomas C. Grey, The
Disintegration of Property, in Nomos XXII: Property, J. Roland
Pennock and John W. Chapman, eds. (New York: New York University
Press, 1980).
-legal realist movement)
has been crafted to balance the important need to give authors and
artists incentives with the equally important need to assure access to
@@ -9258,19 +9204,23 @@ We achieved that free culture because our law respected important
limits on the scope of the interests protected by property. The very
birth of copyright as a statutory right recognized those limits, by
granting copyright owners protection for a limited time only (the
-story of chapter 6). The tradition of fair use is animated by a
-similar concern that is increasingly under strain as the costs of
-exercising any fair use right become unavoidably high (the story of
-chapter 7). Adding
+story of chapter ). The tradition of fair use is
+animated by a similar concern that is increasingly under strain as the
+costs of exercising any fair use right become unavoidably high (the
+story of chapter ). Adding
statutory rights where markets might stifle innovation is another
-familiar limit on the property right that copyright is (chapter
-8). And granting archives and libraries a broad freedom to collect,
-claims of property notwithstanding, is a crucial part of guaranteeing
-the soul of a culture (chapter 9). Free cultures, like free markets,
-are built with property. But the nature of the property that builds a
-free culture is very different from the extremist vision that
-dominates the debate today.
+familiar limit on the property right that copyright is (chapter ). And
+granting archives and libraries a broad freedom to collect, claims of
+property notwithstanding, is a crucial part of guaranteeing the soul
+of a culture (chapter ). Free cultures, like free markets, are built
+with property. But the nature of the property that builds a free
+culture is very different from the extremist vision that dominates the
+debate today.
Free culture is increasingly the casualty in this war on piracy. In
@@ -9671,11 +9621,12 @@ examples of extreme penalties for vague infringements continue to
proliferate. It is impossible to get a clear sense of what's allowed
and what's not, and at the same time, the penalties for crossing the
line are astonishingly harsh. The four students who were threatened
-by the RIAA ( Jesse Jordan of chapter 3 was just one) were threatened
-with a $98 billion lawsuit for building search engines that permitted
-songs to be copied. Yet World-Com—which defrauded investors of
-$11 billion, resulting in a loss to investors in market capitalization
-of over $200 billion—received a fine of a mere $750
+by the RIAA (Jesse Jordan of chapter was just one) were threatened with a
+$98 billion lawsuit for building search engines that permitted songs
+to be copied. Yet World-Com—which defrauded investors of $11
+billion, resulting in a loss to investors in market capitalization of
+over $200 billion—received a fine of a mere $750
million.
See Lynne W. Jeter, Disconnected: Deceit and Betrayal at WorldCom
@@ -9838,10 +9789,12 @@ think there's little in this story to worry you.
But there's an aspect of this story that is not lefty in any sense.
Indeed, it is an aspect that could be written by the most extreme
promarket ideologue. And if you're one of these sorts (and a special
-one at that, 188 pages into a book like this), then you can see this
-other aspect by substituting free market every place I've spoken of
-free culture. The point is the same, even if the interests
-affecting culture are more fundamental.
+one at that, pages into a book like this), then you
+can see this other aspect by substituting free market
+every place I've spoken of free culture. The point is
+the same, even if the interests affecting culture are more
+fundamental.
The charge I've been making about the regulation of culture is the
@@ -9995,7 +9948,7 @@ such a view of the law will cost you and your firm dearly.
This strategy is not just limited to the lawyers. In April 2003,
Universal and EMI brought a lawsuit against Hummer Winblad, the
venture capital firm (VC) that had funded Napster at a certain stage of
-its development, its cofounder ( John Hummer), and general partner
+its development, its cofounder (John Hummer), and general partner
(Hank Barry).
See Joseph Menn, Universal, EMI Sue Napster Investor,Los Angeles
@@ -10076,7 +10029,7 @@ creativity generally. Free market and free culture depend upon vibrant
competition. Yet the effect of the law today is to stifle just this
kind of competition. The effect is to produce an overregulated
culture, just as the effect of too much control in the market is to
-produce an overregulatedregulated market.
+produce an overregulated-regulated market.
The building of a permission culture, rather than a free culture, is
@@ -10186,7 +10139,8 @@ N.Y.: Prometheus Books, 2001).
Digital Copyright (Litman)Litman, Jessica
-overall this history of copyright is not bad. As chapter 10 details,
+overall this history of copyright is not bad. As chapter
+ details,
when new technologies have come along, Congress has struck a balance
to assure that the new is protected from the old. Compulsory, or
statutory, licenses have been one part of that strategy. Free use (as
@@ -10224,6 +10178,9 @@ implemented by Congress. I won't catalog all of those responses
here.Tauzin, Billy
+Berman, Howard L.
+Hollings, Fritz
+broadcast flag
For example, in July 2002, Representative Howard Berman introduced the
Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize
copyright holders from liability for damage done to computers when the
@@ -10238,9 +10195,6 @@ technology in all digital media devices. See GartnerG2, Copyright and
Digital Media in a Post-Napster World, 27 June 2003, 33–34,
available at
link #44.
-Berman, Howard L.
-Hollings, Fritz
-broadcast flag
But there is one example that captures the flavor of them all. This is
the story of the demise of Internet radio.
@@ -11047,6 +11001,7 @@ success will require.
CHAPTER THIRTEEN: Eldred
+Eldred, EricHawthorne, NathanielIn 1995, a father was frustrated
@@ -11057,6 +11012,8 @@ Hampshire, decided to put Hawthorne on the Web. An electronic version,
Eldred thought, with links to pictures and explanatory text, would
make this nineteenth-century author's work come alive.
+librariesof public-domain literature
+public domainlibrary of works derived from
It didn't work—at least for his daughters. They didn't find
Hawthorne any more interesting than before. But Eldred's experiment
@@ -11077,6 +11034,7 @@ accessible to the twentieth century, Eldred transformed Hawthorne, and
many others, into a form more accessible—technically
accessible—today.
+Scarlet Letter, The (Hawthorne)
Eldred's freedom to do this with Hawthorne's work grew from the same
source as Disney's. Hawthorne's Scarlet Letter had passed into the
@@ -11120,6 +11078,13 @@ world before the Internet were extremely few. Yet one would think it
at least as important to protect the Eldreds of the world as to
protect noncommercial pornographers.
+Congress, U.S.copyright terms extended by
+copyrightduration of
+copyright lawterm extensions in
+Frost, Robert
+New Hampshire (Frost)
+patentsin public domain
+patentsfuture patents vs. future copyrights in
As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's
collection of poems New Hampshire was slated to
@@ -11134,8 +11099,12 @@ would pass into the public domain until that year (and not even then,
if Congress extends the term again). By contrast, in the same period,
more than 1 million patents will pass into the public domain.
+
+Bono, MaryBono, Sonny
+copyrightin perpetuity
+Sonny Bono Copyright Term Extension Act (CTEA) (1998)
@@ -11154,8 +11123,12 @@ you know, there is also Jack Valenti's proposal for a term to last
forever less one day. Perhaps the Committee may look at that next
Congress, 144 Cong. Rec. H9946, 9951-2 (October 7, 1998).
-