Jessica litman digital copyright pdf in this postscript, written to accompany the rerelease of my book digital copyright under a ccbynd creative commons license. All films and videos are available for online streaming. The problems of are not confined to one jurisdiction. Jessica litman have greatly advanced the study of the questions raised by this thesis. Free speech has the potential to squeeze out expensive speech. Litman s explanation of how congress has essentially abdicated its responsibilities by turning over the drafting of law to the entrenched business interests is scary. The stop online piracy act sopa2and its senate compan ion, the preventing real online threats to economic creativity and. In her article, digital rights description as part of digital rights management. Protecting intellectual roperty on the nternet, at 10506. If you read any recent news stories about, though, what you read is that so and so has used.
All texts are available online or through the ut library system as an ebook or downloadable article. His work on the public domain has always been an inspi. Fashion and intellectual property by christine cox and jennifer jenkins. What we dont see when we see copyright as property volume 77 issue 3 jessica litman. Jessica litman questions whether laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. John perry barlows call for persuasion over power jonathan l. The public interest in the advertising age jessica litman in an acquisitive society, the drive for monopoly advantage is a very powerful pressure. In this enlightening and wellargued book, law professor jessica litman questions whether laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Abstract for commercial purveyors of digital speech, information and entertainment, the biggest threat posed by the internet isnt the threat of piracy, but the threat posed by free speech speech that doesnt cost any money. I finished the original manuscript of digital copyright in 2000, two years after congress enacted the digital millennium copyright act. Iraq, moreover, i can say that the digital war shares more characteristics than one would think with what one might.
Commentary on the public domain has tended to portray it either as the publics toll for conferring private. In this book, law professor jessica litman questions whether laws crafted by lawyers. University of texas student honor code the universitys expectations for student conduct are grounded in the university code of conduct. Since is intended to promote the progress of scienceasinknowledge, then it would be reasonable to expect the law to encourage the sort of sharing thats transforming our digital information space. Litmans critique exposes the 1998 law as an incoherent patchwork. Diane zimmerman and rochelle dreyfuss encouraged me to think more deeply about consumers ideas of legal legitimacy. Digital, property, intellectual property, cyberspace. Her brother, harry litman, is a wellknown american lawyer, law professor, and political commentator.
Copyright wex us law lii legal information institute. Electronic commerce and free speech jessica litman. A littleknown book, highly respected by peers in the intellectual property field, this account explains in clear language how the law evolved to the point where it is today, throwing bonds over creative efforts and weighing down intellectual productivity with absurd rules that never made sense in any era. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions. In 1998, lobbyists succeeded in persuading congress to enact laws greatly expanding owners control over individuals private uses of their works. Digital copyright by jessica litman, paperback barnes. I owe the biggest debt of gratitude to my colleague jennifer jenkins, who directs the center and who has in. I am lucky enough to work in the only center for the study of the public domain in the academic world. From the selectedworks of jessica litman fall october, 2009 the politics of intellectual property. However, as a community of scholars, the university expects from its students a higher standard of conduct than that required simply to avoid. It explains how our law went from being a piece of legislation like other laws to its current state as a negotiated compromise between the major commercial stakeholders. On copyright, culture, and libraries morgan suitys. Digital copyright and the progress of science jessica litman. By the late 1980s, however, after digital compact discs and digital audio tape recorders had been introduced and more litigation loomed, manufacturers felt obliged to consider and negotiate a technical solution that would protect the legitimate expectations of both.
Nickoll professor of law, at the university of michigan. Samuelson is recognized as a pioneer in digital law, intellectual property, cyberlaw, and information policy. For more information, read michigan publishings access and usage policy. Litmans explanation of how congress has essentially abdicated its responsibilities by turning over the drafting of law to the entrenched business interests is scary. Introduction to united states copyright law june 6 june. This work is licensed under a creative commons attributionnoderivatives 4. Jessica litman has produced a clear and concise introduction to united states law, covering its history and its interaction with the new technologies of the internet. Litman explains both why the current regime is an ill fit to the information age as well as how we got here. In fact, litman argues, the range of quality material available on the internet clearly demonstrates and already demonstrated in that other incentives exist for the production and publication of content.
Librarians should engage in lobbying and should look for. Promoting mashups topic 17 like rhythm and blues, rock n roll, rap, and hip hop, mashups of previously recorded music have emerged as the latest musical genre. Unchecked, it would no doubt patent the wheel, the alphabet, and register the sun and the moon as exclusive trademarks. Jessica litman is a professor of law at wayne state university in detroit, and an advocate of civil liberties along the lines of lawrence lessig. Jessica litman 101506 draft lawful personal use jessica litman we are perfectly fine with personal use.
The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts. Mitch bainwol, recording industry association of america 20051 despite its having sued more than 18,000 of its customers,2 the recording industry wants the world to know that it has no complaint with personal use. Digital media and network connections, it is said, are the most democratic of media, promoting free expression and access to information wherever a computer can be hooked up to a telephone line. Should every interaction between ordinary consumers and protected works be restricted by law. Yes, i know people have mentioned before that with a dvd burner you can make as many copies as you like without decss, but has anyone pointed out that theres nothing stopping you copying a whole dvd to your hard disk and sharing that over the internet, viewable by anyone with an appropriate player or is there something stopping this have i missed something. Why the anticircumvention regulations need to be revised by pamela samuelson introduction the clinton administrations framework for global electronic commerce aims to promote the development of a vast global market in which electronic contracts will be made for delivery of electronic. Intellectual property, social justice, and civil rights.
If history bores you, you should skip this chapter. When you buy a book today, you pay a flat fee to some bookseller. Nickoll professor of law member of university of michigan law school faculty 19841990, 2006. Youll be amazed at how much current law affects you today and how it will influence creative works in the future. She has such a longstanding record of fighting legislation that it is suprising that this is her first book on the subject, but it.
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