Atnaujinkite slapukų nuostatas

El. knyga: Infringement Nation: Copyright 2.0 and You [Oxford Scholarship Online E-books]

(Professor of Law and Director of the Entertainment Law Center, Chapman University School of Law)
  • Formatas: 320 pages
  • Išleidimo metai: 31-Mar-2011
  • Leidėjas: Oxford University Press Inc
  • ISBN-13: 9780199733170
  • Oxford Scholarship Online E-books
  • Kaina nežinoma
  • Formatas: 320 pages
  • Išleidimo metai: 31-Mar-2011
  • Leidėjas: Oxford University Press Inc
  • ISBN-13: 9780199733170
Written on the occasion of copyright's 300th anniversary, John Tehranian's Infringement Nation presents an engaging and accessible analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in the twenty-first century. Organized around the trope of the individual in five different copyright-related contexts - as an infringer, transformer, pure user, creator and reformer - the book charts the changing contours of our copyright regime and assesses its vitality in the digital age. In the process, Tehranian questions some of our most basic assumptions about copyright law by highlighting the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even the unauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants many creators, and the broader political import of copyright law on the exertion of social regulation and control.

Drawing upon both theory and the author's own experiences representing clients in various high-profile copyright infringement suits, Tehranian supports his arguments with a rich array of diverse examples crossing various subject matters - from the unusual origins of Nirvana's "Smells Like Teen Spirit," the question of numeracy among Amazonian hunter-gatherers, the history of stand-offs at papal nunciatures, and the tradition of judicial plagiarism to contemplations on Slash's criminal record, Barbie's retroussé nose, the poisonous tomato, flag burning, music as a form of torture, the smell of rotting film, William Shakespeare as a man of the people, Charles Dickens as a lobbyist, Ashley Wilkes's sexual orientation, Captain Kirk's reincarnation, and Holden Caulfield's maturation. In the end, Infringement Nation makes a sophisticated yet lucid case for reform of existing doctrine and the development of a copyright 2.0.
Acknowledgments xi
Photo and Illustration Credits xiii
Introduction: The Copyright Wars xv
I Copyright Relevance xvi
II Copyright Consciousness xviii
III Copyright's Law/Norm Gap xix
A The Default Rule of Use as Infringement xix
B Technological Change and the Law/Norm Gap xx
C The Misadventures of Captain Copyright and the Battle to Shape Public Opinion xxi
IV
Chapter and Verse
xxiv
A The Individual as Infringer xxiv
B The Individual as Transformer xxv
C The Individual as Consumer xxvii
D The Individual as Creator xxviii
E The Individual as Reformer xxix
1 The Individual as Infringer
1(14)
I Infringement Nation: A Gedanken Experiment
2(3)
II The Gedanken Experiment Deconstructed
5(9)
III The Making of the Infringement Nation
14(1)
2 The Individual as Transformer
15(36)
I Revaluing Rubber Cement
15(2)
II The Triumph of Instrumentalism: A History of Copyright's Early Years
17(10)
A The English Origins of American Copyright Law
17(2)
B The Creation of American Copyright
19(2)
C Wheaton: The Apparent End of Natural-Law Copyright
21(1)
D Early Copyright Jurisprudence: Abridgement, Translation, and the Primacy of Transformative Use
22(3)
E The Law in Cultural Context: Norms in the Republic's Early Years
25(2)
III Et Tu, Fair Use? Natural-Law Redux
27(8)
A Folson v. Marsh: Justice Story and the Betrayal of Utilitarian Copyright
27(4)
B The Hegemony of Natural-Law Copyright: Folsom and Its Progeny
31(4)
IV Transformative Use and Progress in the Arts
35(14)
A The Importance of Transformative Use
35(4)
B Fair Use's Failure to Promote Progress in the Arts
39(6)
C Borrowing and Progress in the Arts: "Smells Like Teen Spirit"
45(2)
D The Permission Problem: The Endowment and Entitlement Effects
47(2)
V From Fair Use to Fared Use
49(2)
3 The Individual as Consumer
51(42)
I Locating Users in the Copyright Skein
54(5)
A Utilitarian, Labor-Desert, and Personhood Justifications for Copyright
54(1)
B Copyright Theory and the Debate over Term Extensions
55(2)
C Considering User Interests and Rights
57(2)
II A Theory of Consumption and Communication: Comparing the Treatment of Identity Interests for Tangible and Intellectual Property
59(17)
A Property Rights and Personhood
59(2)
B Regulating Consumption, Customization, and Contextualization: Intellectual Property Law and the Mediation of Identity Interests
61(4)
C Intellectual Property and Identity Politics: Four Case Studies
65(11)
III Parchment, Pixels, and Personhood: The Unauthorized Possession and Private Use of Copyrighted Works
76(14)
A Access to Knowledge and Information and the Importance of Private Use Rights
77(2)
B The Historical Protection of Unauthorized Possession and Private Use
79(4)
C The Growing Threat to Possession and Private Use Rights
83(7)
IV Conclusion
90(3)
4 The Individual as Creator
93(34)
I Art, Aura, and Authenticity
93(3)
II The Emperor Has No Copyright: Reexamining Copyrights Registration Requirement
96(20)
A Challenging the Conventional Wisdom on American Copyright Protection: Content Hierarchy and the Registration Requirement
96(1)
B Registration and the Pivotal Role of Statutory Damages and Attorneys' Fees
97(3)
C Hierarchy and the Unsophisticated Content Creator
100(9)
D Registration and the Failure of the Notice Function
109(5)
E Registration, Remedies, and International Treaty Obligations
114(2)
III Hierarchy and Reform
116(8)
A Section 412 Reform and Its Discontents
117(4)
B Hierarchy in Hollywood
121(2)
C Consecration, Critical Theory, and Music
123(1)
IV Caveats and Considerations for Reform
124(3)
5 The Individual as Reformer
127(42)
I Restoring Balance to Copyright Law
127(2)
II Restoring the Balance Between Users and Creators
129(18)
A In Terrorem: Copyright Overreach
129(6)
B Reforming Copyrights In Terrorem Regime
135(12)
II Restoring the Balance Between Sophisticated and Unsophisticated Parties
147(5)
A Tempering the Size of Statutory Damages Awards
147(4)
B Protecting Unsophisticated Creators
151(1)
III Restoring the Balance Between Transformers and Creators
152(14)
A The Problem with Fair Use: Transformation, Progress in the Art, and Free Speech
152(3)
B Reconciling First Amendment Rights and Copyright Protection: An Intermediate Liability Proposal
155(11)
IV Toward a Copyright 2.0
166(3)
Conclusion: Copyright, Consecration, and Control
169(20)
I IP as Hegemonic Battleground
170(6)
A Guantanamo's Greatest Hits: Music, Torture, and Copyright Law
171(3)
B The Exemption of State Governments from Infringement Liability
174(2)
II Of Procedure and Substance: The Modern Hierarchies of Protection
176(11)
A Love and Law: The Modern Clash
176(2)
B Copyright Registration and the Sacralization of Cultural Production
178(2)
C Aesthetic Judgment as Hegemonic Project
180(7)
IV The Future of Infringement Nation
187(2)
Notes 189(74)
Table of Cases 263(8)
Index 271
John Tehranian is a tenured Professor of Law at Chapman University, School of Law, where he serves as Director of the Entertainment Law Center. He is also a founding partner of One LLP, an entertainment and intellectual property firm in Southern California known for handling high-profile copyright infringement litigation. In the course of his legal practice, Tehranian has represented clients in a wide range of cases, from the alleged infringement of Winston Churchill's speeches, an ownership dispute over the recording of Jimi Hendrix's last major concert, and publicity rights over the images of Bette Davis and Bettie Page to fair use rights to Britney Spears photographs, remake rights to a Jules Verne novel and political parody rights to a Don Henley classic. Tehranian has previously served as Professor of Law at the University of Utah, S.J. Quinney College of Law, and as Visiting Professor of Law at Loyola Law School.