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Author: A. Ng
Publisher: Edward Elgar Publishing
ISBN: 1849807825
Category : Law
Languages : en
Pages : 177
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Book Description
The American Constitution empowers Congress to enact copyright laws to 'promote the progress of science and the useful arts'. This book offers the first in-depth analysis of the connection between copyright law as a legal institution and the constitutional goal of promoting social and cultural advancement. Focusing on the relationship between this explicit purpose and the normative uses and production of creative works, Alina Ng argues that a robust copyright system that embodies moral and ethical principles is necessary to protect the different values and expectations of authors, publishers and users of creative works. The author demonstrates that a more nuanced understanding of property rights and statutory privileges as bearing different types of entitlements is critical to the sustainable development of society and culture at both national and international levels. She posits that as communication technologies become ubiquitous and facilitate greater connectivity between authors and their readers, the notion of authorship as a creative endeavor producing works with significant influence upon society and culture must form the central tenet of the copyright system. This unique approach to copyright law will be of interest to legal, cultural and literary scholars as well as others interested in the relationship between creativity, authorship and progress.
Author: A. Ng
Publisher: Edward Elgar Publishing
ISBN: 1849807825
Category : Law
Languages : en
Pages : 177
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Book Description
The American Constitution empowers Congress to enact copyright laws to 'promote the progress of science and the useful arts'. This book offers the first in-depth analysis of the connection between copyright law as a legal institution and the constitutional goal of promoting social and cultural advancement. Focusing on the relationship between this explicit purpose and the normative uses and production of creative works, Alina Ng argues that a robust copyright system that embodies moral and ethical principles is necessary to protect the different values and expectations of authors, publishers and users of creative works. The author demonstrates that a more nuanced understanding of property rights and statutory privileges as bearing different types of entitlements is critical to the sustainable development of society and culture at both national and international levels. She posits that as communication technologies become ubiquitous and facilitate greater connectivity between authors and their readers, the notion of authorship as a creative endeavor producing works with significant influence upon society and culture must form the central tenet of the copyright system. This unique approach to copyright law will be of interest to legal, cultural and literary scholars as well as others interested in the relationship between creativity, authorship and progress.
Author: Marjorie Heins
Publisher: Marjorie Heins
ISBN:
Category : Copyright
Languages : en
Pages : 71
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Book Description
This report examines the ongoing debate concerning copyright control and free expression, with an emphasis on the influence that new technologies have had on this issue.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309278953
Category : Technology & Engineering
Languages : en
Pages : 103
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Book Description
Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement-a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.
Author: Jessica Silbey
Publisher: Stanford University Press
ISBN: 1503631923
Category : Law
Languages : en
Pages : 567
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Book Description
When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.
Author: LandMark Publications
Publisher: Independently Published
ISBN: 9781793229359
Category :
Languages : en
Pages : 552
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Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Copyright Act. * * * Article I, Section 8, Clause 8, of the Constitution empowers Congress "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." U.S. Const. art. I, § 8, cl. 8. The very first Congress took up that charge in the Copyright Act of 1790, which granted authors of certain works "the sole right and liberty of printing, reprinting, publishing and vending" those works "for the term of fourteen years." Act of May 31, 1790, § 1, 1 Stat. 124. * * * Under the current Act, "[c]opyright protection subsists ... in original works of authorship fixed in any tangible medium of expression." 17 U.S.C. § 102(a). This copyright, which "vests initially in the author or authors of the work," id. § 201(a), and generally endures for at least "70 years after the author's death," id. § 302(a), endows authors with "exclusive rights" to use or authorize the use of their work in six statutorily specified ways, including "reproduc[ing] the copyrighted work" and "distribut[ing] copies ... of the copyrighted work to the public," id. § 106. "Anyone who violates any of the exclusive rights of the copyright owner ... is an infringer of the copyright," id. § 501(a), and may be subject to a number of equitable and legal remedies, id. §§ 502-505. Reflecting copyright's balance between private ownership and public welfare, the Act has long recognized that certain "fair use[s]" of a copyrighted work do not constitute infringement. Id. § 107. Not all uses of a copyrighted work are "within the exclusive domain of the copyright owner," the Supreme Court has explained, "some are in the public domain." Sony Corp., 464 U.S. at 433, 104 S.Ct. 774.
Author: Morton David Goldberg
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 81
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Book Description
Author: Lyman Ray Patterson
Publisher: University of Georgia Press
ISBN: 0820313629
Category : Law
Languages : en
Pages : 297
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Book Description
Presents a new perspective on copyright law and the legal rights of individuals to use copyright material.
Author: IntroBooks
Publisher: IntroBooks
ISBN:
Category : Law
Languages : en
Pages : 31
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Book Description
Here, we aim to enlighten the minds about the specific Copyright law that has been in practice since centuries in the United States. There are several items & confidential materials upon which the United States exercises its regulatory Copyright Law. In the US, the Copyright Clause and the Patent of the Constitution provides that the US Congress will be having the ultimate power towards promoting the overall growth & progress of Arts & Science through securing for limited duration to the inventors & authors the exclusive forms of rights with respect to their individual discoveries and writings.
Author: Jessica Silbey
Publisher: Stanford University Press
ISBN: 0804793530
Category : Law
Languages : en
Pages : 369
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Book Description
Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities. Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.
Author: Reihan Salam
Publisher: Mercatus Center at George Mason University
ISBN: 0983607753
Category : Law
Languages : en
Pages : 141
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Book Description
The Constitution gives Congress the power to establish copyright “to promote the Progress of Science and useful Arts.” This requires Congress to engage in a delicate balancing act, giving authors enough protection that they will be motivated to create expressive works, but not so much that it hampers innovation and public access to information. Yet over the past half-century Congress has routinely shifted the balance in only one direction—away from access and freedom and toward greater privileges for organized special interests. Conservatives and libertarians, who are naturally suspicious of big government, should be skeptical of an ever-expanding copyright system. They should also be skeptical of the recent trend toward criminal prosecution of even minor copyright infringements, of the growing use of civil asset forfeiture in copyright enforcement, and of attempts to regulate the Internet and electronics in the name of piracy eradication. Copyright Unbalanced is not a moral case for or against copyright; it is a pragmatic look at the excesses of the present copyright regime and of proposals to expand it further. It is a call for reform—to roll back the expansions and reinstate the limits that the Constitution’s framers placed on copyright. Published by the Mercatus Center at George Mason University.
