(updated at 1pm 2/1/09)
Below are links and details about the reading assignment for Wednesday's class. Whitney and I have discussed and want you to know that we recognize that this is a lot of material - especially considering the shorter notice than usual. Please do your best to at least skim the "required" reading with the understanding that you may have to revisit and review more carefully later in the semester (particularly if this is a topic of particular interest to you). As Whitney said, read it all as a practitioner would; you can skim certain parts but be sure to have a solid sense of the substance as it may apply to your area of expertise/interest.
See you Wednesday.
Required Readings:
Title 17, Section 115, Compulsory License for Making and Distributing Phonorecords and DPDs
http://www.copyright.gov/title17/92chap1.html#115
RIAA/NMPA/HFA Agreement Regarding On Demand Streams and Limited Downloads
http://www.nmpa.org/pdf/press_releases/FinalRIAAAgreement10_29_01.pdf
RIAA/NMPA/DiMA Agreement Regarding Rates for On Demand Streams and Limited Downloads
http://www.nmpa.org/pressroom/showrelease.asp?id=164
http://futureofmusiccoalition.blogspot.com/2008/10/agreement-royale.html
Register of Copyrights Ringtone Decision
http://www.copyright.gov/docs/ringtone-decision.pdf
Copyright Royalty Board Mechanical and Digital Phonorecord Delivery Rate Determination
http://www.loc.gov/crb/proceedings/2006-3/dpra-public-final-rates-terms.pdf
Suggested Readings:
US v. ASCAP Second Amended Final Judgment (DOJ Consent Decree)
http://www.ascap.com/reference/ascapafj2.pdf
TAKING THE COPY OUT OF COPYRIGHT
Ernest Miller and Joan Feigenbaum
http://cs-www.cs.yale.edu/homes/jf/MF.pdf
Abstract. Under current U.S. law and common understanding, the fundamental right granted by copyright is the right of reproduction – of making copies. Indeed, the very word “copyright” appears to signify that the right to control copying must be a fundamental part of any system of copyright. Nonetheless, we claim that this assumption is incorrect. The advent of digital documents has illuminated this issue: In the digital realm, copying is not a good predictor of intent to infringe; moreover, copying of digital works is necessary for normal use of those works. We argue that the right to control copying should be eliminated as an organizing principle of copyright law. In its place, we propose as an organizing principle the right to control public distribution of the copyrighted work.
THE DIGITAL DILEMMA, INTELLECTUAL PROPERTY IN THE INFORMATION AGE
http://books.nap.edu/html/digital_dilemma/
From the Executive Summary:
Borrowing a book from a local public library would seem to be one of the most routine, familiar, and uncomplicated acts in modern civic life: A world of information is available with little effort and almost no out-of-pocket cost. Such access to information has played a central role in American education and civic life from the time of Thomas Jefferson, who believed in the crucial role that knowledge and an educated populace play in making democracy work. Yet the very possibility of borrowing a book, whether from a library or a friend, depends on a number of subtle, surprisingly complex, and at times conflicting elements of law, public policy, economics, and technology, elements that are in relative balance today but may well be thrown completely out of balance by the accelerating transformation of information into digital form….For intellectual property in particular it promises more--more quantity, quality, and access--while imperiling one means of rewarding those who create and publish. It is at once a remarkably powerful medium for publishing and distributing information, and the world's largest reproduction facility.
THE STRUGGLE FOR MUSIC COPYRIGHT
By Michael W. Carroll
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=687963
Abstract:
Inspired by passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Ironically, although music publishers and recording companies are among the most aggressive advocates for strong copyright in music today, music publishers in eighteenth-century England resisted extending copyright to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was originally far more circumscribed than it is today and that music - which currently is treated as core copyrightable subject matter - presented a difficult case. A number of audiences will benefit from a better understanding of the struggle over music copyright, including scholars who advance general theories about the evolution of property rights and policymakers seeking to place the current disputes over music copyright in historical perspective.
Below are links and details about the reading assignment for Wednesday's class. Whitney and I have discussed and want you to know that we recognize that this is a lot of material - especially considering the shorter notice than usual. Please do your best to at least skim the "required" reading with the understanding that you may have to revisit and review more carefully later in the semester (particularly if this is a topic of particular interest to you). As Whitney said, read it all as a practitioner would; you can skim certain parts but be sure to have a solid sense of the substance as it may apply to your area of expertise/interest.
See you Wednesday.
Required Readings:
Title 17, Section 115, Compulsory License for Making and Distributing Phonorecords and DPDs
http://www.copyright.gov/title17/92chap1.html#115
RIAA/NMPA/HFA Agreement Regarding On Demand Streams and Limited Downloads
http://www.nmpa.org/pdf/press_releases/FinalRIAAAgreement10_29_01.pdf
RIAA/NMPA/DiMA Agreement Regarding Rates for On Demand Streams and Limited Downloads
http://www.nmpa.org/pressroom/showrelease.asp?id=164
http://futureofmusiccoalition.blogspot.com/2008/10/agreement-royale.html
Register of Copyrights Ringtone Decision
http://www.copyright.gov/docs/ringtone-decision.pdf
Copyright Royalty Board Mechanical and Digital Phonorecord Delivery Rate Determination
http://www.loc.gov/crb/proceedings/2006-3/dpra-public-final-rates-terms.pdf
Suggested Readings:
US v. ASCAP Second Amended Final Judgment (DOJ Consent Decree)
http://www.ascap.com/reference/ascapafj2.pdf
TAKING THE COPY OUT OF COPYRIGHT
Ernest Miller and Joan Feigenbaum
http://cs-www.cs.yale.edu/homes/jf/MF.pdf
Abstract. Under current U.S. law and common understanding, the fundamental right granted by copyright is the right of reproduction – of making copies. Indeed, the very word “copyright” appears to signify that the right to control copying must be a fundamental part of any system of copyright. Nonetheless, we claim that this assumption is incorrect. The advent of digital documents has illuminated this issue: In the digital realm, copying is not a good predictor of intent to infringe; moreover, copying of digital works is necessary for normal use of those works. We argue that the right to control copying should be eliminated as an organizing principle of copyright law. In its place, we propose as an organizing principle the right to control public distribution of the copyrighted work.
THE DIGITAL DILEMMA, INTELLECTUAL PROPERTY IN THE INFORMATION AGE
http://books.nap.edu/html/digital_dilemma/
From the Executive Summary:
Borrowing a book from a local public library would seem to be one of the most routine, familiar, and uncomplicated acts in modern civic life: A world of information is available with little effort and almost no out-of-pocket cost. Such access to information has played a central role in American education and civic life from the time of Thomas Jefferson, who believed in the crucial role that knowledge and an educated populace play in making democracy work. Yet the very possibility of borrowing a book, whether from a library or a friend, depends on a number of subtle, surprisingly complex, and at times conflicting elements of law, public policy, economics, and technology, elements that are in relative balance today but may well be thrown completely out of balance by the accelerating transformation of information into digital form….For intellectual property in particular it promises more--more quantity, quality, and access--while imperiling one means of rewarding those who create and publish. It is at once a remarkably powerful medium for publishing and distributing information, and the world's largest reproduction facility.
THE STRUGGLE FOR MUSIC COPYRIGHT
By Michael W. Carroll
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=687963
Abstract:
Inspired by passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Ironically, although music publishers and recording companies are among the most aggressive advocates for strong copyright in music today, music publishers in eighteenth-century England resisted extending copyright to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was originally far more circumscribed than it is today and that music - which currently is treated as core copyrightable subject matter - presented a difficult case. A number of audiences will benefit from a better understanding of the struggle over music copyright, including scholars who advance general theories about the evolution of property rights and policymakers seeking to place the current disputes over music copyright in historical perspective.
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