X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/b56df1a25fa40763060a942814f76a978c58e7b0..a50220b356a2bc863d97da8fbc51be7094a8e846:/freeculture.xml
diff --git a/freeculture.xml b/freeculture.xml
index 357b582..884842f 100644
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -4362,6 +4362,8 @@ system to minimize the opportunity for copyright infringement. It did
not, and for that, Disney and Universal wanted to hold it responsible
for the architecture it chose.
+Congress, U.S.on copyright laws
+Congress, U.S.on VCR technology
MPAA president Jack Valenti became the studios' most vocal
champion. Valenti called VCRs tapeworms.
He warned, When there are
@@ -4444,6 +4446,7 @@ by such new technology.
+
Congress was asked to respond to the Supreme Court's decision. But as
with the plea of recording artists about radio broadcasts, Congress
@@ -4537,6 +4540,7 @@ to $15 million in damages? Would it have been better if Edison had
controlled film? Should every cover band have to hire a lawyer to get
permission to record a song?
+Supreme Court, U.S.on balance of interests in copyright law
We could answer yes to each of these questions, but our tradition
has answered no. In our tradition, as the Supreme Court has stated,
@@ -4627,6 +4631,7 @@ table in the backyard—by, for example, going to Sears, buying a
table, and putting it in my backyard? What is the thing I am taking
then?
+Jefferson, Thomas
The point is not just about the thingness of picnic tables versus
ideas, though that's an important difference. The point instead is that
@@ -4646,6 +4651,7 @@ Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in
Ellery Bergh, eds., 1903), 330, 333–34.
+property rightsintangibility of
The exceptions to free use are ideas and expressions within the
reach of the law of patent and copyright, and a few other domains that
@@ -4684,9 +4690,11 @@ from the implications that the copyright warriors would have us draw.
CHAPTER SIX: Founders
-Henry V
+booksEnglish copyright law developed for
Branagh, Kenneth
-booksEnglish copyright law developed for
+Henry V
+Shakespeare, William
+Romeo and Juliet (Shakespeare)
William Shakespeare wrote
Romeo and Juliet in 1595. The play was first
@@ -4699,6 +4707,8 @@ once overheard someone commenting on Kenneth Branagh's adaptation of
Henry V: I liked it, but Shakespeare is so full of
clichés.
+Conger
+Tonson, Jacob
In 1774, almost 180 years after Romeo and Juliet was written, the
copy-right
for the work was still thought by many to be the exclusive
@@ -4730,6 +4740,7 @@ copyright. Prices of the classics were thus kept high; competition to
produce better or cheaper editions was eliminated.
British Parliament
+Statute of Anne (1710)
Now, there's something puzzling about the year 1774 to anyone who
knows a little about copyright law. The better-known year in the
@@ -4747,6 +4758,8 @@ As Siva Vaidhyanathan nicely argues, it is erroneous to call this a
free in 1731. So why was there any issue about it still being under
Tonson's control in 1774?
+
+
Licensing Act (1662)
The reason is that the English hadn't yet agreed on what a copyright
@@ -4809,6 +4822,7 @@ why is it that the law would ever allow someone else to come along and
take Shakespeare's play without his, or his estate's, permission? What
reason is there to allow someone else to steal
Shakespeare's work?
+Statute of Anne (1710)
The answer comes in two parts. We first need to see something special
about the notion of copyright
that existed at the time of the
@@ -5191,7 +5205,7 @@ world where the Parliament is more pliant, free culture would be less
protected.
-
+
@@ -6308,6 +6322,7 @@ should be accorded the same rights as every other property-right
owner. He is effectively arguing for a change in our Constitution
itself.
+Jefferson, Thomas
Arguing for a change in our Constitution is not necessarily wrong.
There was much in our original Constitution that was plainly wrong.
@@ -6328,6 +6343,8 @@ creative property be given the same rights as all other property? Why
did they require that for creative property there must be a public
domain?
+
+
To answer this question, we need to get some perspective on the
history of these creative property
rights, and the control that they
@@ -6885,6 +6902,7 @@ States was controlled or free. Just as in England, this lingering
uncertainty would make it hard for publishers to rely upon a public
domain to reprint and distribute works.
+Statute of Anne (1710)
That uncertainty ended after Congress passed legislation granting
copyrights. Because federal law overrides any contrary state law,
@@ -13894,6 +13912,7 @@ of content (content conducers,
as attorney Mia Garlick calls them
who help build the public domain and, by their work, demonstrate the
importance of the public domain to other creativity.
+Jefferson, Thomas
The aim is not to fight the All Rights Reserved
sorts. The aim is to
complement them. The problems that the law creates for us as a culture