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How to Fix Copyright

ISBN-10: 0199760098
ISBN-13: 9780199760091
Edition: 2011
Authors: William Patry
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Description: The arrival of the Internet was revolutionary, and one of the most tumultuous developments that flowed from it--the upending of the relatively settled world of copyright law--has forced us to completely rethink how rights to a work are allocated and  More...

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Book details

List price: $14.99
Copyright year: 2011
Publisher: Oxford University Press, Incorporated
Publication date: 3/8/2012
Binding: Hardcover
Pages: 240
Size: 5.50" wide x 8.25" long x 0.75" tall
Weight: 0.990
Language: English

The arrival of the Internet was revolutionary, and one of the most tumultuous developments that flowed from it--the upending of the relatively settled world of copyright law--has forced us to completely rethink how rights to a work are allocated and how delivery formats affect an originator's claims to the work. Most of the disputes swirling around novel Internet media delivery systems, from Napster to Youtube to the Google Book Project, derive from our views on what constitutes aproper understanding of copyright. Who has the right to a work, and to what extent should we protect a rights holder's ability to derive income from it? Is it right to make copyrighted works free of charge?One of the central figures in this decade-plus long debate has been William Patry, who is now the lead copyright attorney for Google. In How to Fix Copyright, he offers a concise and pithy set of solutions for improving our increasingly outmoded copyright system. After outlining how we arrived at our current state of dysfunction, Patry offers a series of pragmatic fixes that steer a middle course between an overly expansive interpretation of copyright protection and abandoning italtogether. We have to accept that we cannot force people to buy copyrighted works, but at the same time, we have to enforce laws against counterfeiting. Most importantly, we have to look at the evidence--what furthers creativity yet does not deny protection to those who need it to create? We should also rejectthe increasingly strident (and, he argues, ill-informed) denunciations of delivery systems: Google Booksearch and DVRs are merely technologies, and are not the problem. Throughout, he stresses that we need to recognize that the consumer is king. Law can only solve legal problems, not business problems, and too often we use law to solve business problems. Practical yet prescriptive, How to Fix Copyright will reshape our understanding of what the real problems actually are and help usnavigate through the increasingly complex dilemmas surrounding authorship and rights in our digital age.

William Patry is Senior Copyright Counsel at Google Inc. He previously served as copyright counsel to the U.S. House of Representatives, Committee on the Judiciary, a Policy Planning Advisor to the Register of Copyrights, a law professor, and in the private practice of law. He is the most prolific scholar of copyright in history, including being the author of an eight-volume treatise and a separate treatise on the fair use doctrine.

Acknowledgments
Disclaimer
Introduction Unlearning Copyright
Why We Need to Fix Our Copyright Laws
Replacing a Faith-Based Approach to Copyright with an Evidence-Based Approach
What Are Copyright Laws Supposed to Do?
The Public Interest
Law Is Not the Solution to Business Problems
Does Deterrence Work?
Abandoning Exclusivity and Getting Paid Instead
The Length of Copyright Is Damaging Our Cultural Heritage
Reimposing Some Formalities
The Moral Panic over Fair Use
"The Answer to the Machine Is in the Machine' Is a Really Bad Metaphor
Effective Global Copyright Laws
Notes
Index

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