Digital copyright law: general policy issues under the EC Treaty

2017 ◽  
Author(s):  
Jessica Litman

The general public is used to thinking of copyright (if it thinks of it at all) as marginal and arcane. But copyright is central to our society’s information policy and affects what we can read, view, hear, use, or learn. In 1998 Congress enacted new laws greatly expanding copy owners’ control over individuals’ private uses of their works. The efforts to enforce these new rights laws have resulted in highly publicized legal battles between established media, including major record labels and motion picture studios, and upstart internet companies such as MP3.com and Napster.In this book, I question whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society? My critique exposes the 1998 copyright law as an incoherent patchwork. I argues for reforms that reflect the way people actually behave in their daily digital interactions.The Maize Books edition includes both an afterword written in 2006 exploring the rise of peer-to-peer file sharing and a new Postscript reflecting on the consequences of the Digital Millennium Copyright Act as it nears its twentieth birthday.


2017 ◽  
Author(s):  
Timothy K Armstrong

This book review compares two recent titles on copyright law: THE COPYRIGHT WARS: THREE CENTURIES OF TRANS-ATLANTIC BATTLE by Peter Baldwin, and COPYFIGHT: THE GLOBAL POLITICS OF DIGITAL COPYRIGHT REFORM by Blayne Haggart. Both books are meticulously researched and carefully written, and each makes an excellent addition to the literature on copyright. Contrasting both titles in this joint review, however, helps to reveal a few respects in which each work is incomplete; indeed, each book occasionally reads as a critique of the other. Baldwin’s book places contemporary debates in a much deeper historical context, but in so doing overlooks some of the unique challenges contemporary technology poses to the law as well as the historically unprecedented obstacles that contemporary law raises to some forms of socially valuable innovation. Haggart’s book, in contrast, maintains a narrower focus on the contemporary era, yielding a superior accounting of the institutional and social interests now at stake in the global copyright debate, but fails in some respects to appreciate the ways in which the much lengthier course of historical development constrains future copyright policy-making. The review concludes by suggesting some respects in which both books might serve as valuable guides for copyright policy-makers at both the national and international levels.


2019 ◽  
Vol 8 (2) ◽  
pp. 95-127
Author(s):  
Lucie Tréguier ◽  
William van Caenegem

This article reviews the laws of France and of Australia in relation to artistic works copyright for useful articles. Australian law applies a different subsistence test to ‘applied art’ than to fine art, whereas French law makes no such distinction, applying the principle of ‘Unité de l’art’. The decision of the High Court of Australia in IceTV Pty Limited v Nine Network Australia Pty Limited [2009] 239 clr 458, which aligns the standard of originality more closely with that applied in European copyright law, invites reconsideration of the Australian approach in favour of a universal standard for all artistic works. A more contemporary understanding of what constitutes ‘art’ points in the same direction. In the result, there is no longer any need to apply a restrictive ‘artistic quality’ standard to works of applied art in Australia. Such an approach better aligns the tests of artistic copyright subsistence in different jurisdictions.


2021 ◽  
pp. 1-30
Author(s):  
Justin Hughes

Since its inception, the internet has challenged many basic principles of international copyright law. While some key “digital copyright” issues have been addressed in multilateral treaties, one of the most vexing issues with the global digital network remains—the question of the responsibility of third-party intermediaries for copyright infringements by internet users.


Google Rules ◽  
2020 ◽  
pp. 1-18
Author(s):  
Joanne Elizabeth Gray

This chapter provides important contextual information for understanding the influence of Google on copyright law and practice. It introduces the central objectives that define copyright law including both public and private interests. It provides a brief history of digital copyright politics, including the dominant interests and ideologies. This chapter also outlines Google’s origins and core business activities, search and advertising, as well as the reasons why Google is a unique force in the history of copyright.


2016 ◽  
Author(s):  
Mark Lemley

We have argued elsewhere that peer-to-peer (p2p) file sharing posessignificant new challenges to the enforcement of copyright law. Copyrightowners' initial response to these challenges - to try to shut down thetechnologies that facilitate file sharing - is bad for society. Wesuggested that it would be preferable to lower enforcement costs forcopyright owners by making dispute resolution by copyright owners againstdirect infringers quick and cheap, so that copyright owners would be moreinclined to pursue such direct infringers instead of suing innovators.While enforcement costs are likely always to be too great to allow pursuitof every infringer, lower costs would allow for enforcement against moreinfringers, increasing any given infringer's chance of being sued. In thisarticle, we explain how such a dispute resolution system might work, andpropose a draft amendment to the copyright act to implement the system.


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