Copyright in Cyberspace: Difference between revisions
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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. | 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. | ||
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* [http://www.nytimes.com/2010/03/19/technology/19youtube.html?pagewanted=1&sq=viacom&st=cse&scp=2 "Viacom Says YouTube Ignored Copyrights" (M. Helft, NY Times, 3/18/2010)] | * [http://www.nytimes.com/2010/03/19/technology/19youtube.html?pagewanted=1&sq=viacom&st=cse&scp=2 "Viacom Says YouTube Ignored Copyrights" (M. Helft, NY Times, 3/18/2010)] | ||
== | == Optional Readings == | ||
* [http://media-cyber.law.harvard.edu/Beyond%20Broadcast%202006/Boyle.mp4 Jamie Boyle, Beyond Broadcast Conference (video)] | * [http://media-cyber.law.harvard.edu/Beyond%20Broadcast%202006/Boyle.mp4 Jamie Boyle, Beyond Broadcast Conference (video)] | ||
* [http://www.law.duke.edu/cspd/comics/digital.html Center for the Study of the Public Domain, Tales from the Public Domain: Bound By Law? (comic)] | * [http://www.law.duke.edu/cspd/comics/digital.html Center for the Study of the Public Domain, Tales from the Public Domain: Bound By Law? (comic)] | ||
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* [http://www.centerforsocialmedia.org/resources/publications/recut_reframe_recycle/ Center for Social Media, Recut, Reframe, Recyle] (full report optional) | * [http://www.centerforsocialmedia.org/resources/publications/recut_reframe_recycle/ Center for Social Media, Recut, Reframe, Recyle] (full report optional) | ||
* [http://scholar.google.com/scholar_case?case=8647956476676426155&q=545+U.S.+913&hl=en&as_sdt=2002 MGM v. Grokster, 545 U.S. 913 (2005)] (Sec. II, pp. 928 - 937) | * [http://scholar.google.com/scholar_case?case=8647956476676426155&q=545+U.S.+913&hl=en&as_sdt=2002 MGM v. Grokster, 545 U.S. 913 (2005)] (Sec. II, pp. 928 - 937) | ||
* [http://www.nytimes.com/2008/09/09/nyregion/09potter.html?_r=1 "Rowling Wins Lawsuit Against Potter Lexicon" (J. Eligon, NY Times, 9/8/08)] | * [http://www.nytimes.com/2008/09/09/nyregion/09potter.html?_r=1 "Rowling Wins Lawsuit Against Potter Lexicon" (J. Eligon, NY Times, 9/8/08)] | ||
* [http://bits.blogs.nytimes.com/2008/01/16/830/index.html New York Times Bits Blog: Mixing It Up Over Remixes and Fair Use] | * [http://bits.blogs.nytimes.com/2008/01/16/830/index.html New York Times Bits Blog: Mixing It Up Over Remixes and Fair Use] | ||
* [http://cyberlaw.stanford.edu/biguploads/Fairey_v_AP_complaint_with_exhibits.pdf Fairey v. AP (SDNY Civ. Action No. 09-01123), Fairey Complaint] (Pars. 9 - 40, pp. 2 - 10) | * [http://cyberlaw.stanford.edu/biguploads/Fairey_v_AP_complaint_with_exhibits.pdf Fairey v. AP (SDNY Civ. Action No. 09-01123), Fairey Complaint] (Pars. 9 - 40, pp. 2 - 10) | ||
* [http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2009cv01123/340121/13/ Fairey v. AP (SDNY Civ. Action No. 09-01123), AP Answer and Counterclaims] (Pars. 73 - 162, pp. 16 - 49) | * [http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2009cv01123/340121/13/ Fairey v. AP (SDNY Civ. Action No. 09-01123), AP Answer and Counterclaims] (Pars. 73 - 162, pp. 16 - 49) | ||
* [http://wendy.seltzer.org/blog-bak/archives/DMCA.html Wendy Seltzer's Blog, NFL Saga] | * [http://wendy.seltzer.org/blog-bak/archives/DMCA.html Wendy Seltzer's Blog, NFL Saga] | ||
* [http://www.eff.org/files/20030926_unsafe_harbors.pdf EFF, Unsafe Harbors: Abusive DMCA Subpoenas and Takedown Demands] | * [http://www.eff.org/files/20030926_unsafe_harbors.pdf EFF, Unsafe Harbors: Abusive DMCA Subpoenas and Takedown Demands] | ||
== Class Discussion == | == Class Discussion == | ||
== Links == | |||
== | |||
Revision as of 15:37, 21 November 2010
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.
Digital and file-sharing technologies also spawned the proliferation of sharing of media and music, which has led to a number of controversial legal and technological strategies. The "notice-and-takedown" provisions of the Digital Millennium Copyright Act ("DMCA") allow Internet service providers to limit their liability for the copyright infringements of their users if the ISPs expeditiously remove material in response to complaints from copyright owners. The DMCA provides for counter-notice and "put-back" of removed material, but some argue that the statutory mechanism can chill innovative, constitutionally-protected speech.
This class provides an overview of some major copyright law concepts, with an emphasis on issues relating to music, and takes up some of the issues swirling around copyright in cyberspace.
Required Readings
- U.S. Copyright Office, Copyright Basics
- Newton v. Diamond, 204 F.Supp.2d 1244 (C.D. Cal. 2002) (Secs. I - IV(a), pp. 1246 - 1259) (9th Circuit Decision Optional)
- 17 U.S.C. § 107 ("Limitations on Exclusive Rights: Fair Use")
- Lawrence Lessig, Free Culture (pp. 1-20)
- 17 U.S.C. § 512(c) ("Information Residing on Systems or Networks at Direction of Users")
- "Viacom Says YouTube Ignored Copyrights" (M. Helft, NY Times, 3/18/2010)
Optional Readings
- Jamie Boyle, Beyond Broadcast Conference (video)
- Center for the Study of the Public Domain, Tales from the Public Domain: Bound By Law? (comic)
- Creative Commons: A Spectrum of Rights (comic)
- Amen Break Video
- Bridgeport v. Dimension, 410 F.3d 792 (6th Cir. 2005) (Secs. I - II, pp. 795 - 805)
- Center for Social Media, Recut, Reframe, Recyle (full report optional)
- MGM v. Grokster, 545 U.S. 913 (2005) (Sec. II, pp. 928 - 937)
- "Rowling Wins Lawsuit Against Potter Lexicon" (J. Eligon, NY Times, 9/8/08)
- New York Times Bits Blog: Mixing It Up Over Remixes and Fair Use
- Fairey v. AP (SDNY Civ. Action No. 09-01123), Fairey Complaint (Pars. 9 - 40, pp. 2 - 10)
- Fairey v. AP (SDNY Civ. Action No. 09-01123), AP Answer and Counterclaims (Pars. 73 - 162, pp. 16 - 49)
- Wendy Seltzer's Blog, NFL Saga
- EFF, Unsafe Harbors: Abusive DMCA Subpoenas and Takedown Demands