Copyright Part 1: Guiding Principles and Online Application

March 5

The Internet has enabled individuals to become involved in the production of media and to distribute their contributions widely at a very low cost. The former bastion of the entertainment industry is opening up to what many are calling a democratization of culture. The copyright doctrine of fair use seemingly bolsters the right to recut, reframe, and recycle previous works, but the protection fair use gives to those re-purposing copyrighted material is notoriously uncertain.

Over the next two classes, this course will take up the some of the issues related to copyright protection and enforcement online. Today’s class will focus on the legal regime of copyright: what it protects, what it doesn’t protect, and how the doctrine has transformed in light of digital reproduction and distribution.

Readings/Watchings

• Wikipedia, Copyright Clause

• U.S. Copyright Office, Circular 1: Copyright Basics (read only Who Can Claim Copyright?, What Works Are Protected?, What is Not Protected by Copyright?, How to Secure a Copyright, and How Long Copyright Protection Endures)

• 17 U.S.C. § 107 - Limitations on Exclusive Rights: Fair Use

• Lawrence Lessig, It is About Time: Getting Our Values around Copyright (watch first 6 minutes)

• James Grimmelmann, Why Johnny Can’t Stream: How Video Copyright Went Insane

• Terry Hart, There is No Magic Bullet

• Lawrence Lessig, Remix: Making Art and Culture Thrive in the Hybrid Economy

• Creative Commons, A Shared Culture (video, watch all) and Spectrum of Rights

Optional Readings

• Jessica Litman, The Exclusive Right to Read (introduction and Sections I and II only)

Class Discussion

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