Hughes F05 Copyright Outline2

Hughes F05 Copyright Outline2 - www.swapnotes.com Copyright...

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www.swapnotes.com Copyright – Short Outline Fall 2005 Professor Hughes Page 1 of 16 – by AG CopyrightHughesOutline2.pdf Copyright Outline Historical Development: Statute of Anne: first statute, in 1709 designed to “encourage learning” and protect authors economically, thus providing an incentive to create more books. PROTECTS BOOKS ONLY. Fairness and justice were an element: “protecting families from ruin” bc up until then the publishers used to get most of the economic benefits from printing books and not the authors. o The right given to authors was to: print, reprint and import the books for 14 years. And then they could alienate them to the publishers. In the US copyright protection started in Art 1 section 8, clause 8 of the constitution 1790. To promote “science and arts.” Not just books. Its an interventionist, instrumentalist economically oriented policy intended to set up an incentive system for “learned men to compose useful books.” There was a secondary purpose of fairness, or a natural right authors have over their work added in the report in 1961 . o Science refers to knowledge- copyright o Useful arts- refers to patents. The original copyright act was enacted in 1909 and it was totally revised in 1976. o The 1976 Act section 106: gives the exclusive right to the owner of a copyright to: 1. reproduce the work in copies or phonorecords 2. prepare derivative works based upon the copyright work 3. distribute copies or phonorecords, transfer ownership, lend, rent or lease (for enforcement) 4. public performance (the distinction isn’t profit/not for profit but rather public/private) 5. control over public display 6. in the case of sound recording , to perform the work by means of a digital audio transmission. 7. extra two rights mostly visual art w less than 200 copies: right of attribution (to be known by it) the right to integrity (to object to its corruption) Policy considerations: o Chafee: talks about natural rights: thoughts and expression are the only “absolute possession” anyone can have. He weighs this consideration against the burden placed on society now that knowledge is expensive. It’s a tax on knowledge. We need to make sure the burden to the public is not greater than the benefit to the author. o Landes and Posner: because consumption of knowledge is non rivalrous consumption (doesn’t deplete the resource), the price of a work would be the zero or the incremental cost of copying which creates no incentive for authors. This stems from the fact that cost of creation of a work is significantly higher than the
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www.swapnotes.com Copyright – Short Outline Fall 2005 Professor Hughes Page 2 of 16 – by AG CopyrightHughesOutline2.pdf cost of copying it. Therefore we need to create a system that will allow for a more appropriate pricing mechanism. o
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Hughes F05 Copyright Outline2 - www.swapnotes.com Copyright...

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