Flere indexoppføringer.

diff --git a/freeculture.xml b/freeculture.xml
index 4b73949033d5d4088e35e69db1544a22d178db75..a71d4df2a04f6e03c52757ea12b180f1b471e9c5 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -5060,6 +5060,7 @@ into a sword that interferes with any use, transformative or not.
 <sect1 id="transformers">
 <title>CHAPTER EIGHT: Transformers</title>
 <indexterm><primary>Allen, Paul</primary></indexterm>
 <sect1 id="transformers">
 <title>CHAPTER EIGHT: Transformers</title>
 <indexterm><primary>Allen, Paul</primary></indexterm>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 In 1993, Alex Alben was a lawyer working at Starwave, Inc.  Starwave
 was an innovative company founded by Microsoft cofounder Paul Allen to
 <para>
 In 1993, Alex Alben was a lawyer working at Starwave, Inc.  Starwave
 was an innovative company founded by Microsoft cofounder Paul Allen to


@@ -5067,22 +5068,21 @@ develop digital entertainment. Long before the Internet became
 popular, Starwave began investing in new technology for delivering
 entertainment in anticipation of the power of networks.
 </para>
 popular, Starwave began investing in new technology for delivering
 entertainment in anticipation of the power of networks.
 </para>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 Alben had a special interest in new technology. He was intrigued by
 the emerging market for CD-ROM technology&mdash;not to distribute
 <para>
 Alben had a special interest in new technology. He was intrigued by
 the emerging market for CD-ROM technology&mdash;not to distribute

-film, but to do things with film that otherwise would be very difficult.
-In 1993, he launched an initiative to develop a product to build 
-               retrospectives
-on the work of particular actors. The first actor chosen was
-Clint Eastwood. The idea was to showcase all of the work of 
-               Eastwood,
-with clips from his films and interviews with figures important
-to his career.
-</para>
-<para>
-At that time, Eastwood had made more than fifty films, as an actor
-and as a director. Alben began with a series of interviews with 
-               Eastwood,
+film, but to do things with film that otherwise would be very
+difficult.  In 1993, he launched an initiative to develop a product to
+build retrospectives on the work of particular actors. The first actor
+chosen was Clint Eastwood. The idea was to showcase all of the work of
+Eastwood, with clips from his films and interviews with figures
+important to his career.
+</para>
+<indexterm><primary>Alben, Alex</primary></indexterm>
+<para>
+At that time, Eastwood had made more than fifty films, as an actor and
+as a director. Alben began with a series of interviews with Eastwood,

 asking him about his career. Because Starwave produced those
 interviews, it was free to include them on the CD.
 </para>
 asking him about his career. Because Starwave produced those
 interviews, it was free to include them on the CD.
 </para>


@@ -5094,19 +5094,21 @@ posters, scripts, and other material relating to the films Eastwood
 made. Most of his career was spent at Warner Brothers, and so it was
 relatively easy to get permission for that content.
 </para>
 made. Most of his career was spent at Warner Brothers, and so it was
 relatively easy to get permission for that content.
 </para>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 Then Alben and his team decided to include actual film clips. "Our
 <para>
 Then Alben and his team decided to include actual film clips. "Our

-goal was that we were going to have a clip from every one of 
-               Eastwood's
-films," Alben told me. It was here that the problem arose. "No
-one had ever really done this before," Alben explained. "No one had
-ever tried to do this in the context of an artistic look at an actor's
-career."
+goal was that we were going to have a clip from every one of
+Eastwood's films," Alben told me. It was here that the problem
+arose. "No one had ever really done this before," Alben explained. "No
+one had ever tried to do this in the context of an artistic look at an
+actor's career."

 </para>
 </para>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 Alben brought the idea to Michael Slade, the CEO of Starwave.
 Slade asked, "Well, what will it take?"
 </para>
 <para>
 Alben brought the idea to Michael Slade, the CEO of Starwave.
 Slade asked, "Well, what will it take?"
 </para>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 Alben replied, "Well, we're going to have to clear rights from
 everyone who appears in these films, and the music and everything
 <para>
 Alben replied, "Well, we're going to have to clear rights from
 everyone who appears in these films, and the music and everything


@@ -5138,15 +5140,12 @@ tale, Alben recounted just what they did:
 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>

-So we very mechanically went about looking up the film clips.
-We made some artistic decisions about what film clips to 
-               include&mdash;of
-course we were going to use the "Make my day" clip
-from Dirty Harry. But you then need to get the guy on the ground
-who's wiggling under the gun and you need to get his 
-               permission.
-And then you have to decide what you are going to pay
-him.
+So we very mechanically went about looking up the film clips.  We made
+some artistic decisions about what film clips to include&mdash;of
+course we were going to use the "Make my day" clip from Dirty
+Harry. But you then need to get the guy on the ground who's wiggling
+under the gun and you need to get his permission.  And then you have
+to decide what you are going to pay him.

 </para>
 <para>
 <!-- PAGE BREAK 113 -->
 </para>
 <para>
 <!-- PAGE BREAK 113 -->


@@ -5162,6 +5161,7 @@ And then we just, we put together a team, my assistant and some
 others, and we just started calling people.
 </para>
 </blockquote>
 others, and we just started calling people.
 </para>
 </blockquote>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 Some actors were glad to help&mdash;Donald Sutherland, for example,
 followed up himself to be sure that the rights had been cleared.
 <para>
 Some actors were glad to help&mdash;Donald Sutherland, for example,
 followed up himself to be sure that the rights had been cleared.


@@ -5177,6 +5177,7 @@ career.
 It was one year later&mdash;"and even then we weren't sure whether we
 were totally in the clear."
 </para>
 It was one year later&mdash;"and even then we weren't sure whether we
 were totally in the clear."
 </para>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 Alben is proud of his work. The project was the first of its kind and
 the only time he knew of that a team had undertaken such a massive
 <para>
 Alben is proud of his work. The project was the first of its kind and
 the only time he knew of that a team had undertaken such a massive


@@ -5184,14 +5185,13 @@ project for the purpose of releasing a retrospective.
 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>

-Everyone thought it would be too hard. Everyone just threw up
-their hands and said, "Oh, my gosh, a film, it's so many 
-               copyrights,
-there's the music, there's the screenplay, there's the director,
-there's the actors." But we just broke it down. We just put it into
-its constituent parts and said, "Okay, there's this many actors, this
-many directors, . . . this many musicians," and we just went at it
-very systematically and cleared the rights.
+Everyone thought it would be too hard. Everyone just threw up their
+hands and said, "Oh, my gosh, a film, it's so many copyrights, there's
+the music, there's the screenplay, there's the director, there's the
+actors." But we just broke it down. We just put it into its
+constituent parts and said, "Okay, there's this many actors, this many
+directors, . . . this many musicians," and we just went at it very
+systematically and cleared the rights.

 </para>
 </blockquote>
 <para>
 </para>
 </blockquote>
 <para>


@@ -5200,13 +5200,13 @@ very systematically and cleared the rights.
 And no doubt, the product itself was exceptionally good. Eastwood
 loved it, and it sold very well.
 </para>
 And no doubt, the product itself was exceptionally good. Eastwood
 loved it, and it sold very well.
 </para>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 But I pressed Alben about how weird it seems that it would have to
 <para>
 But I pressed Alben about how weird it seems that it would have to

-take a year's work simply to clear rights. No doubt Alben had done this
-efficiently, but as Peter Drucker has famously quipped, "There is 
-               nothing
-so useless as doing efficiently that which should not be done at
-all."<footnote><para>
+take a year's work simply to clear rights. No doubt Alben had done
+this efficiently, but as Peter Drucker has famously quipped, "There is
+nothing so useless as doing efficiently that which should not be done
+at all."<footnote><para>

 <!-- f2 -->
 U.S. Department of Commerce Office of Acquisition Management, Seven
 Steps to Performance-Based Services Acquisition, available at 
 <!-- f2 -->
 U.S. Department of Commerce Office of Acquisition Management, Seven
 Steps to Performance-Based Services Acquisition, available at 


@@ -5266,25 +5266,23 @@ going to hold me up for money," then it becomes difficult to put
 one of these things together.
 </para>
 </blockquote>
 one of these things together.
 </para>
 </blockquote>

-<para>
-Alben worked for a big company. His company was backed by some
-of the richest investors in the world. He therefore had authority and
-access that the average Web designer would not have. So if it took him
-a year, how long would it take someone else? And how much creativity
-is never made just because the costs of clearing the rights are so high?
-These costs are the burdens of a kind of regulation. Put on a 
-               Republican
-hat for a moment, and get angry for a bit. The government
+<indexterm><primary>Alben, Alex</primary></indexterm>
+<para>
+Alben worked for a big company. His company was backed by some of the
+richest investors in the world. He therefore had authority and access
+that the average Web designer would not have. So if it took him a
+year, how long would it take someone else? And how much creativity is
+never made just because the costs of clearing the rights are so high?
+These costs are the burdens of a kind of regulation. Put on a
+Republican hat for a moment, and get angry for a bit. The government

 defines the scope of these rights, and the scope defined determines
 defines the scope of these rights, and the scope defined determines

-how much it's going to cost to negotiate them. (Remember the idea
-that land runs to the heavens, and imagine the pilot purchasing 
-               flythrough
+how much it's going to cost to negotiate them. (Remember the idea that
+land runs to the heavens, and imagine the pilot purchasing flythrough

 rights as he negotiates to fly from Los Angeles to San Francisco.)
 These rights might well have once made sense; but as circumstances
 rights as he negotiates to fly from Los Angeles to San Francisco.)
 These rights might well have once made sense; but as circumstances

-change, they make no sense at all. Or at least, a well-trained, 
-               regulationminimizing
-Republican should look at the rights and ask, "Does this
-still make sense?"
+change, they make no sense at all. Or at least, a well-trained,
+regulationminimizing Republican should look at the rights and ask,
+"Does this still make sense?"

 </para>
 <para>
 I've seen the flash of recognition when people get this point, but only
 </para>
 <para>
 I've seen the flash of recognition when people get this point, but only


@@ -9765,9 +9763,9 @@ Why? What justifies this difference? Was there any study of the
 economic consequences from Internet radio that would justify these
 differences? Was the motive to protect artists against piracy?
 </para>
 economic consequences from Internet radio that would justify these
 differences? Was the motive to protect artists against piracy?
 </para>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 <para>

-In a rare bit of candor, one RIAA expert admitted what seemed 
-               obvious
+In a rare bit of candor, one RIAA expert admitted what seemed obvious

 to everyone at the time. As Alex Alben, vice president for Public
 Policy at Real Networks, told me,
 </para>
 to everyone at the time. As Alex Alben, vice president for Public
 Policy at Real Networks, told me,
 </para>


@@ -13998,45 +13996,41 @@ molasses into the machines. That's what this general requirement
 of permission does to the creative process. Smothers it.
 </para>
 <para>
 of permission does to the creative process. Smothers it.
 </para>
 <para>

-This was the point that Alben made when describing the making of
-the Clint Eastwood CD. While it makes sense to require negotiation
-for foreseeable derivative rights&mdash;turning a book into a movie, or a
-poem into a musical score&mdash;it doesn't make sense to require 
-               negotiation
-for the unforeseeable. Here, a statutory right would make much
-more sense.
+This was the point that Alben made when describing the making of the
+Clint Eastwood CD. While it makes sense to require negotiation for
+foreseeable derivative rights&mdash;turning a book into a movie, or a
+poem into a musical score&mdash;it doesn't make sense to require
+negotiation for the unforeseeable. Here, a statutory right would make
+much more sense.

 </para>
 <para>
 </para>
 <para>

-In each of these cases, the law should mark the uses that are 
-               protected,
-and the presumption should be that other uses are not 
-               protected.
-This is the reverse of the recommendation of my colleague Paul
-Goldstein.<footnote><para>
-<!-- f7. --> Paul Goldstein, Copyright's Highway: From Gutenberg to the Celestial 
-               Jukebox
-(Stanford: Stanford University Press, 2003), 187&ndash;216.
+In each of these cases, the law should mark the uses that are
+protected, and the presumption should be that other uses are not
+protected.  This is the reverse of the recommendation of my colleague
+Paul Goldstein.<footnote>
+<indexterm><primary>Goldstein, Paul</primary></indexterm>
+<para>
+<!-- f7. -->
+Paul Goldstein, Copyright's Highway: From Gutenberg to the Celestial
+Jukebox (Stanford: Stanford University Press, 2003), 187&ndash;216.

 </para></footnote>
 </para></footnote>

- His view is that the law should be written so that expanded
-protections follow expanded uses.
+His view is that the law should be written so that
+expanded protections follow expanded uses.

 </para>
 <para>
 </para>
 <para>

-Goldstein's analysis would make perfect sense if the cost of the 
-               legal
+Goldstein's analysis would make perfect sense if the cost of the legal

 system were small. But as we are currently seeing in the context of
 system were small. But as we are currently seeing in the context of

-the Internet, the uncertainty about the scope of protection, and the 
-               incentives
-to protect existing architectures of revenue, combined with a
-strong copyright, weaken the process of innovation.
+the Internet, the uncertainty about the scope of protection, and the
+incentives to protect existing architectures of revenue, combined with
+a strong copyright, weaken the process of innovation.

 </para>
 <para>
 The law could remedy this problem either by removing protection
 <!-- PAGE BREAK 301 -->
 beyond the part explicitly drawn or by granting reuse rights upon
 </para>
 <para>
 The law could remedy this problem either by removing protection
 <!-- PAGE BREAK 301 -->
 beyond the part explicitly drawn or by granting reuse rights upon

-       certain
-statutory conditions. Either way, the effect would be to free a great
-deal of culture to others to cultivate. And under a statutory rights
-regime, that reuse would earn artists more income.
+certain statutory conditions. Either way, the effect would be to free
+a great deal of culture to others to cultivate. And under a statutory
+rights regime, that reuse would earn artists more income.

 </para>
 </sect2>
 
 </para>
 </sect2>