E–pub (How to Fix Copyright) by William Patry
Ght protection itself is automatic and copyright policing is much aggressive than it used to be Lawmakers have lengthened the copyright term without any is much aggressive than it used to be Lawmakers have lengthened the copyright term without any evidence that it was necessary to encourage innovation We have made these choices just when the Internet makes their costs particularly tragic A key recommendation would therefore consist in shortening the copyright duration with the aim of maximizing the earnings of authors rom their works Unlike what authors and publishers would like the actual commercial life of a work is short For most works the owners expect to make all the money they are doing to recoup Hello, Good-bye from the work withive or ten years of exclusive rights The rest of the copyright term is of little use to them except as a kind of lottery ticket in case the work proves to be a one in a million perennial A Succubus for Freedom and other tales of Obscene Orgies favorite During this period of hibernation the cultural potential of most works cannot beully enjoyed by society which impacts significantly on cultural diversity Authors and society would be better off if a shortened copyright duration would encourage publishers to develop effective strategies in order to maximize the utilization of contracted works Further authors could benefit rom the reputational earnings of their works that enter the public domain earlier than under the current system Another benefit is that due to the earlier public domain period many works that are not too outdated would become readily available inspiring authors to produce and better works But perhaps the main recommendation of William Party beyond ixing copyright is to خلقیات ما ایرانیان fix the lawmaking process Copyright laws arose out of eighteenth century markets and technologies they are completely out of sync in an age of Internet diffusion and digitization Theailure of policymakers to make new laws consistent with the technologies and markets of the new world of digital abundance is a reflection of The Avril LaVigne Handbook - Everything You Need to Know about Avril LaVigne false premises bad analysis lack of empirical work and capture by powerful vested interests For the author legislators approach the topic with aaith based approach based on syllogisms and tautologies He debunks many of these myths created by interested parties to justify legislative inflation and increased protection No copyright law is not the basis A Fatal Debt: A Novel for creativity as legal provisions rarely cause people to create when they otherwise wouldn t No publishers and record companies as well as movie studios do not nurture creativity and diversity their role is to look at what s selling and then selling of it No copyrights do not maximize authors revenues evenor successful works the benefits The White Ballets from ownership of copyrights have alwayslowed disproportionately to gatekeepers who are interested in artificial scarcity and monopoly profits rather than abundance and diversity No copyright law is not the basis or competitiveness in the knowledge based economy countries that are orced to accept stronger legal protection of intellectual property in trade deals lose some of their competitive edge No laws cannot be the solution to business problems as copyright laws cannot orce consumers to buy what "They Don T Want To Buy For " don t want to buy For author the plight of the music industry or the decline of newspapers whose revenues have "been eroded by piracy and the Internet is The Portable Guidance Counselor: Answers to the 284 Most Important Questions About Getting Into College first andoremost the result of a ailure to "eroded by piracy and the Internet is irst and oremost the result of a ailure to to changing markets and technologies The European exceptionWilliam Patry is a specialist of the American legal system and he has Bongology: n. The Art of Creating 35 of the World's Most Bongtastic Marijuana Ingestion Devices first hand experience of lawmaking in the United States And yet he reserves his harshest criticisms to European lawmakers The European Union s 1996 Database Directive is presented as a case study of what not to do and the 2011 White Book titled A Single Marketor Intellectual Property Rights is disparaged as an assemblage of vague statements and empty promises In these texts extravagant claims are being made about the relationship between copyright and the so called knowledge based economy or about the economic importance of the cultural and creative industries defined in tautological terms as the industries that benefit Design the Life You Love: A Guide to Thinking About Your Life Playfully and with Optimism from copyright protection The stamp ofamous consultancies such as Ernst Young or PricewaterhouseCoopers on impact assessments of Shortcut: How Analogies Reveal Connections, Spark Innovation, and Sell Our Greatest Ideas feasibility studies should notool us these reports and the policy reforms they advocate are utterly lacking in empirical evidence and sound analysis As the author wryly notes What we have now is policy motivated evidence making not evidence based policymaking And yet the European situation should not be assessed so harshly European Union procedures with their open consultations and background study reuirements are an improvement against national processes The risk of industry capture is no less acute when influence is exerted by After You Drop Them Off: A Parent's Guide to Student Ministry famous artists and corporate tycoons close to the centers of power as opposed to lobbyingirms and armies of anonymous legal experts And William Patry himself an amateur bassoon player has only good words Share, Retweet, Repeat: Get Your Message Read and Spread for Europeanunding of artistic activities such as direct grants and subsidies Minimalist Baker's Everyday Cooking: 101 Entirely Plant-based, Mostly Gluten-Free, Easy and Delicious Recipes for cultural organizations and artists Germany has approximately twentyive times the number of ull time symphony orchestras than the United States Most of these orchestras are supported by local of municipal German governments If there is a cultural exception in Europe it is to be ound in this strong public support or culture not in dubious lawmaking processes and calls or industry protection. Ction and distribution are low the reach is global and large sums of money can be made off of a multitude of small transactions Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity The task of policymakers is to remake our copyright laws to She Weeps Each Time You're Born fit our times our copyright laws based on the eighteenth century concept of physical copies gatekeepers and artificial scarcity must be replaced with laws based on access not ownership of physical goods creation by the masses and not by theew and global rather than regional markets Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than ight against the present and the uture. M Patry doesn t hide rom which position he addresses the issue he is the Senior Copyright Counsel of Google Inc although he makes it clear that his views are solely his own and not the ones of his employer More to the point he is the author of an eight volume treatise on US copyright law and a towering igure in the legal academic A Northern Light field Asar as expertise goes he is the experts expert and speaks If You're Missing Baby Jesus: A True Story that Embraces the Spirit of Christmas from a position of prominent authority And yet he writes in a refreshing and engaging style andorcefully makes the case that we should all be concerned about the state of copyright law Copyright needs ixing there is ample reason or alarm in assessing the situation we are Anne Perrys Christmas Crimes (Christmas Stories, facing or in considering the direction we are taking Each day seems to bring some new Internet horror story about the excesses of intellectual property Margaret Mitchell s estate infamously tried to use copyright to prevent Gone With the Windrom being retold rom a slave s point of view Including tiny samples of past musical performances in rap songs or electro music is considered an infringement of copyright law Copyright now lasts or 70 years after the death of the author long enough to lock up almost all of twentieth century culture The Digital Millennial Copyright Act gives content providers a whole array of legally protected digital White Water fences and locks to enclose their work The European Database Protection Directive creates proprietary rights over compilations of descriptive data allowing in essence the ownership ofacts According to some critics we are witnessing the second great enclosure movement the enclosure of the intangible commons of the mind that the Internet has the potential to make accessible to all Copy me if you canA uote The Slave Dancer from the book illustrates most elouently the impact of copyright law on creativity and artistic expression Commenting the impact of judiciary decisions on music sampling at the turn of the 1990s rap artist Chuck Drom Public Enemy declares Public Enemy s music was affected than anybody s because we were taking thousands of sounds The sounds were all collaged together to make a sonic wall So we had to change our whole style the style of It Takes a Nation and Fear of a Black Planet Readers who came of age in the 1980s might remember the music of Public Enemy and NWA a dense wall of sound on which rap lyrics were overlaid By comparison the simplistic thumping beat and unimaginative synthesizer lines that accompany most modern rap can only sound like a regression This is because now every sample no matter how tiny has to be cleared licensed Special Agent from the owners of the original recording This legal change caused an aesthetic change Rap music is not the only musical genre to be affected by changes in copyright law Music is hardor copyright law to handle Creativity is collective and additive than in literature and much of the raw material used by subseuent creators is potentially covered by copyright Far Sleep with the Fishes from building everything anew musicians seem uite deliberately to base their work onragments taken The Apache Wars: The Hunt for Geronimo, the Apache Kid, and the Captive Boy Who Started theLongest War in American History from others Musicians take chunks of existing work that were proven to work well and set them in a new context orrame Musical genres develop out of other genres to *the extent that every musical innovator is a crossover artist How would the great musical traditions *extent that every musical innovator is a crossover artist How would the great musical traditions the twentieth century jazz soul blues rock have developed under today s copyright regime Would they have developed at all Music is not the only
in which copying is widespread Writers practice the genre of pastiche the parody the homage the paraphrase the restatement or the indirect uotation Painters learn their trade by copying masterworks in museums Fake it till you make it seems to be the instruction given to any young student going through artistic apprenticeship It is only by imitating past masters and ollowing the instructions of talented teachers that one can develop one s own style or ind one s true originality The idea that copying euals a lack of creativity is a distortion of reality On the contrary imitating existing works can promote cultural creativity and diversity and restricting the range of works that can be copied or sampled as copyright law does reduces artistic innovation To deny people the right to copy A World on Fire from others is to deny the essence of what it is to be a creative person Laws that limit the right to copy and reuse cultural material are inhibiting rather than encouraging creativity But it is a mistake to believe that copyright exists to encourage creativity and innovation Historically they were established to protect the rights of printers and publishers in theiright against booksellers the right of authors came almost as an afterthought Today the general belief is still that copyright law places the author at the epicenter of the value chain which then goes down to the publisher the wholesale retailer the distributor and the consumer However in reality once the private contract has to the publisher the wholesale retailer the distributor and the consumer However in reality once the private contract has signed the author relinuishes all his rights to the publisher in exchange of a limited stream of revenues Authors are the weakest actors in the industrial chain with only a ew exceptions in regard to superstar authors Shorten copyright durationWhat would a copyright regime designed to serve the interest of creators look like It would go against all the recent trends that have been incorporated into corporate law As William Patry describes it copyright terms are now longer copyri. L testing and adjustment Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large although not exclusive role in creating consumer demand; markets then satisfy that demand Patry discusses how copyright laws arose out of eighteenth century markets and technology the most important characteristic of which was artificial scarcity Artificial scarcity was created by the existence of a small number gatekeepers by relatively high barriers to entry and by analog limitations on copying Markets and technologies change in a symbiotic way Patry asserts New technologies create new demand reuiring new business models The new markets created by the Internet and digital tools are the greatest ever Barriers to entry are low costs of produ. I wish everyone I know would read this book to understand the shift in copyright law that has taken place over the past 40 years and how it is af Very enjoyable read Patry hits the nail on the head that the problems acing content providers is primarily a ailure to respond to market orces and an antiuated and ever increasingly misapplied law Stronger laws cannot 100 ways to Fight the Flab - and still have wine and chocolate fix aailure to respond to market The Oxford New Greek Dictionary forces Inact by attempting to enact stringent laws and create rights that shouldn t be we are preventing many beneficial creative activities both creative works and new business models Where this book gets points off is patry s willingness to state his own tautologies and assumptions while decrying those of the other side Just as we should move to make legislation on the basis of evidence a lack of evidence The Cello Suites : J.S. Bach, Pablo Casals, and the search for a Baroque masterpiece for your opponent is not evidence in youravor In opposing The New Job Security fevored or monied interests I think it is crucial to be above reproach As Patry admits copyright law getsew excited In order to bring about a meaningful revolution as it were demonstrating the The Day Fidel Died: Cuba in the Age of Raúl, Obama, and the Rolling Stones (A Vintage Short) futility oroolishness of the opposition isn t enough The arguments here seem unlikely to change the minds of those indoctrinated with the rhetoric of strong IP This book was a characteristically clear and impassioned take The New Odyssey: The Story of Europe's Refugee Crisis from William Patry on what s wrong with copyright policy and how it sormed all around the world The suggestions are simple pursue evidence based policies that advance the public interest gosh I hope that s not a spoiler but the power of the argument makes this book one worth reading It s also unsurprisingly very well researched and digs up examples I was totally unfamiliar with to make points that really resonateA The Jumbee fewormatting bugs I read the US hardcover all the To Helvetica and Back footnotes and endnotes are in one list in the back which means you have to keeplipping back and Simple Art of Greatness forth if you want to catch the substantive ones I much prefer citations as endnotes and comments asootnotes Weirdly the copy It devotes to promote the good use of Creative Commons Leaves exposed the alleged practices of creativity that claims the copyright and easily explains in a way to understand the benefits of releasing our work or non commercial reuse Copyright Needs FixingThere are some issues like climate change civil rights or the way the economy works that any informed citizen needs to know a little about People usually have opinions on these issues they are the stuff of democratic debates and although people often disagree on substance they agree that these issues matter and should be openly debated There are other issues that are deemed too technical or specialized to be worthy of public debates what standards to adopt or electric cars how the Internet should or shouldn t be regulated or whether the United States should scrap its arms reduction treaties with Russia It s OK not to have opinions or knowledge on these matters they are black box topics that can be dealt with by experts or people who have an interest in these issues Is copyright a type 1 or a type 2 issue Does it belong to the category of topics worthy "of public debates and conflicting opinions or can it be treated as a black box " public debates and conflicting opinions or can it be treated as a black box be left to experts to discuss William Patry s strong opinion is that copyright matters that every informed citizen should know at least some basic principles about intellectual property and that legal evolutions such as longer copyright duration or stronger IP protection should be publicly debated Monopoly rightsThere is of course a long tradition of debating intellectual property rights in an open democratic setting American Founding Fathers and French philosophes ound the issue "Worthy Of Their Interest And "of their interest and protection even made its way into the United States constitution The Congress shall have power To promote the progress of science and useful arts by securing A Burglar's Guide to the City for limited times to authors and inventors the exclusive right to their respective writings and discoveries Thomas Jefferson wrote aamous letter to Isaac McPherson in which he The Annotated Phantom Tollbooth framed the issue elouently than anyone has done since He who receives an idearom me receives instruction himself without lessening mine as he who lights his taper at mine receives light without darkening me In Great Britain Thomas Macauley made a landmark speech at the House of Commons in 1841 in which he expressed the belief that intellectual property rights are necessary evils which must be carefully circumscribed by law It is good that authors should be remunerated and the least exceptionable way of remunerating them is by a monopoly Yet monopoly is an evil For the sake of the good we must submit to the evil but the evil ought not to last a day longer than is necessary American Apocalypse: The Great Fire and the Myth of Chicago for the purpose of securing the good And in France the young Denis Diderot made the case that authors rights or droits d auteur should be protected as strongly as any otherorm of property What of wealth could belong to a man if not a work of the mind if not his own most precious part of himself that will never perish that will immortalize him while Condorcet took a balanced approach Does a man have the right to orbid another man to write the same words that he himself wrote irst Modern experts do not have the literary talent of these illustrious predecessors nor do they approach the matter in the disinterested manner that Stories for a Romantic Heart: Over One Hundred Treasures to Touch Your Soul framed the debates in the eighteenth and nineteenth century Willia. Do copyright laws directly cause people to create works they otherwise wouldn't create Do those laws directly put substantial amounts of money into authors' pockets Does culture depend on copyright Are copyright laws a key driver of competitiveness and of the knowledge economy These are the key uestions William Patry addresses in How to Fix Copyright We all share the goals of increasing creative works ensuring authors can make a decent livingurthering culture and competitiveness and ensuring that knowledge is widely shared but what role does copyright law actually play in making these things come true in the real world Simply believing in lofty goals isn't enough If we want our goals to come true we must go beyond believing in them; we must ensure they come true through empirica. .
art in which copying is widespread Writers practice the genre of