From: Petter Reinholdtsen Date: Sat, 14 Jul 2012 16:06:59 +0000 (+0200) Subject: More index entries and XML formatting. X-Git-Tag: edition-2015-10-10~2486 X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/commitdiff_plain/0f555b11ae140723e2947869c09b3d9a3f6bf460?ds=inline More index entries and XML formatting. --- diff --git a/freeculture.xml b/freeculture.xml index 04967c2..1d50df2 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -4734,6 +4734,7 @@ Crown coveted to the free culture that we inherited. 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. +Beckett, Thomas Millar died soon after his victory, so his case was not appealed. His estate sold Thomson's poems to a syndicate of printers that included @@ -9181,6 +9182,7 @@ perspectives are constantly attuned to the ways in which regulation simply enables the powerful industries of today to protect themselves against the competitors of tomorrow. +Barry, Hank This is the single most dramatic effect of the shift in regulatory @@ -9280,6 +9282,8 @@ industry directs its guns against them. It is also you. So those of you who believe the law should be less restrictive should realize that such a view of the law will cost you and your firm dearly. +Hummer, John +Barry, Hank This strategy is not just limited to the lawyers. In April 2003, Universal and EMI brought a lawsuit against Hummer Winblad, the @@ -12014,71 +12018,59 @@ could be identified. As I described in chapter 10, formalities in copyright law were - removed -in 1976, when Congress followed the Europeans by - abandoning +removed in 1976, when Congress followed the Europeans by abandoning any formal requirement before a copyright is granted. - Until the 1908 Berlin Act of the Berne Convention, national copyright -legislation sometimes made protection depend upon compliance with - formalities -such as registration, deposit, and affixation of notice of the - author's -claim of copyright. However, starting with the 1908 act, every text -of the Convention has provided that "the enjoyment and the exercise" of -rights guaranteed by the Convention "shall not be subject to any - formality." -The prohibition against formalities is presently embodied in Article -5(2) of the Paris Text of the Berne Convention. Many countries continue -to impose some form of deposit or registration requirement, albeit not as -a condition of copyright. French law, for example, requires the deposit of -copies of works in national repositories, principally the National Museum. +Berlin Act (1908) + +Until the 1908 Berlin Act of the Berne Convention, national copyright +legislation sometimes made protection depend upon compliance with +formalities such as registration, deposit, and affixation of notice of +the author's claim of copyright. However, starting with the 1908 act, +every text of the Convention has provided that "the enjoyment and the +exercise" of rights guaranteed by the Convention "shall not be subject +to any formality." The prohibition against formalities is presently +embodied in Article 5(2) of the Paris Text of the Berne +Convention. Many countries continue to impose some form of deposit or +registration requirement, albeit not as a condition of +copyright. French law, for example, requires the deposit of copies of +works in national repositories, principally the National Museum. Copies of books published in the United Kingdom must be deposited in the British Library. The German Copyright Act provides for a Registrar -of Authors where the author's true name can be filed in the case of - anonymous -or pseudonymous works. Paul Goldstein, International Intellectual -Property Law, Cases and Materials (New York: Foundation Press, 2001), -153–54. - - The - Europeans -are said to view copyright as a "natural right." Natural rights -don't need forms to exist. Traditions, like the Anglo-American - tradition -that required copyright owners to follow form if their rights were -to be protected, did not, the Europeans thought, properly respect the -dignity of the author. My right as a creator turns on my creativity, not -upon the special favor of the government. - - -That's great rhetoric. It sounds wonderfully romantic. But it is - absurd -copyright policy. It is absurd especially for authors, because a -world without formalities harms the creator. The ability to spread +of Authors where the author's true name can be filed in the case of +anonymous or pseudonymous works. Paul Goldstein, International +Intellectual Property Law, Cases and Materials (New York: Foundation +Press, 2001), 153–54. +The Europeans are said to view copyright as a "natural right." Natural +rights don't need forms to exist. Traditions, like the Anglo-American +tradition that required copyright owners to follow form if their +rights were to be protected, did not, the Europeans thought, properly +respect the dignity of the author. My right as a creator turns on my +creativity, not upon the special favor of the government. + + +That's great rhetoric. It sounds wonderfully romantic. But it is +absurd copyright policy. It is absurd especially for authors, because +a world without formalities harms the creator. The ability to spread "Walt Disney creativity" is destroyed when there is no simple way to know what's protected and what's not. -The fight against formalities achieved its first real victory in Berlin -in 1908. International copyright lawyers amended the Berne - Convention -in 1908, to require copyright terms of life plus fifty years, as well as -the abolition of copyright formalities. The formalities were hated - because -the stories of inadvertent loss were increasingly common. It was -as if a Charles Dickens character ran all copyright offices, and the - failure -to dot an i or cross a t resulted in the loss of widows' only income. +The fight against formalities achieved its first real victory in +Berlin in 1908. International copyright lawyers amended the Berne +Convention in 1908, to require copyright terms of life plus fifty +years, as well as the abolition of copyright formalities. The +formalities were hated because the stories of inadvertent loss were +increasingly common. It was as if a Charles Dickens character ran all +copyright offices, and the failure to dot an i or cross a t resulted +in the loss of widows' only income. These complaints were real and sensible. And the strictness of the -formalities, especially in the United States, was absurd. The law should -always have ways of forgiving innocent mistakes. There is no reason -copyright law couldn't, as well. Rather than abandoning formalities - totally, -the response in Berlin should have been to embrace a more - equitable -system of registration. +formalities, especially in the United States, was absurd. The law +should always have ways of forgiving innocent mistakes. There is no +reason copyright law couldn't, as well. Rather than abandoning +formalities totally, the response in Berlin should have been to +embrace a more equitable system of registration. Even that would have been resisted, however, because registration