Copyright Part 1: Guiding Principles and Online Application

February 25

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.

Assignments

The second half of assignment 2 (commenting on prospectuses) is due before class today. Information on the assignment can be found here.

Readings/Watchings

The mechanics of copyright law

• 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

Digital applications and new challenges

• 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

Copyright solutions

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

• Terry Hart, There is No Magic Bullet

• Lawrence Lessig, Remix: Making Art and Culture Thrive in the Hybrid Economy (Introduction only)

• U.S. Department of Commerce: Internet Policy Task Force, Copyright Policy, Creativity, and Innovation in the Digital Economy (Executive summary only)

• Maria Pallante, The Next Great Copyright Act (skim Section II only)

• Maria Pallante is the Register of Copyrights for the United States.

Optional Readings

• Lewis Hyde, Common As Air: Revolution, Art, and Ownership (video, watch from 2:12 to 24:37)

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

• Julian Sanchez, Ars Technica, 750,000 Lost Jobs? The Dodgy Digits Behind the War on Piracy

Class Discussion

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