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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 a proper 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 it altogether. 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 reject the 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 us navigate through the increasingly complex dilemmas surrounding authorship and rights in our digital age.

Tabla de contenidos provista por Syndetics

• Acknowledgments(p. ix)
• Disclaimer(p. xi)
• Introduction Unlearning Copyright(p. 1)
• 1 Why We Need to Fix Our Copyright Laws(p. 7)
• 2 Replacing a Faith-Based Approach to Copyright with an Evidence-Based Approach(p. 49)
• 3 What Are Copyright Laws Supposed to Do?(p. 75)
• 4 The Public Interest(p. 131)
• 5 Law Is Not the Solution to Business Problems(p. 141)
• 6 Does Deterrence Work?(p. 163)
• 7 Abandoning Exclusivity and Getting Paid Instead(p. 177)
• 8 The Length of Copyright Is Damaging Our Cultural Heritage(p. 189)
• 9 Reimposing Some Formalities(p. 203)
• 10 The Moral Panic over Fair Use(p. 11)
• 11 "The Answer to the Machine Is in the Machine' Is a Really Bad Metaphor(p. 231)
• 12 Effective Global Copyright Laws(p. 245)
• Notes(p. 263)
• Index(p. 319)

Reseñas proporcionadas por Syndetics

Library Journal Review

Copyright doesn't work and isn't necessary, writes Patry (senior copyright counsel, Google; Moral Panics and the Copyright Wars), a nationally recognized expert on the subject. Copyright enriches wealthy interests and not creators, who are often offered only unfair, take-it-or-leave-it contracts. Patry shows that empirical evidence justifying copyright laws is lacking and statistics peddled to defend the status quo are false. He demonstrates how the system is broken thanks to changes pushed by corporate interests that massively lengthened the term of copyrights (this review will be protected into the 22nd century!), abolished any obligation to register copyrights so people know who owns what, and created unreasonable penalties for infringement. Patry doesn't argue for abolishing copyright, but it seems like the rational conclusion from his arguments. He does vocally push for shorter terms and registration. -VERDICT Although the text is undermined by sloppy footnotes, the use of dubious sources such as Wikipedia, and citation of materials to ephemeral URLs, this provocative book will be fodder for readers interested in the culture wars.--Michael O. Eshleman, Kings Mills, OH (c) Copyright 2012. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

Publishers Weekly Review

In a follow-up to his 2009 Moral Panic and the Copyright Wars, Patry, senior copyright counsel at Google and one of America's foremost experts on copyright law, offers an insightful, reasonable series of fixes to our increasingly outmoded copyright system. But perhaps the author's greatest triumph is that he makes his complex subject seem familiar and even entertaining. In well-written, easily digestible sections, Patry puts the complex legal, procedural, and constitutional underpinnings of copyright law in context with the rapidly evolving, tech-fueled lives of creators and users. The result is a book that shifts easily from tart social commentary-such as the disconnect of making students sit through industry-sponsored lectures on how downloading hurts creativity while at the same time cutting art and music classes from curriculums-to the more practical impacts of product cycles. Patry's message is simple: copyright is not the basis of creativity, and piling bad legislation and sweeping legal controls on top of our already groaning system will hurt, not help, our creative culture. "The proxy battle for control of technology and markets through copyright laws must stop," Patry argues. Insightful, impeccably researched, and prescriptive, Patry's vision of copyright should resonate with today's creators-and infuriate yesterday's media and entertainment conglomerates. (Jan.) (c) Copyright PWxyz, LLC. All rights reserved.

CHOICE Review

Using real-life examples of policy and policy making from the US and Europe, Patry (senior copyright counsel, Google Inc.) suggests evidence-based solutions to current copyright issues. Patry starts with the common misconceptions about the purpose and use of copyright law, including the basics of property law, how technology has changed how people create, and how a change to copyright laws is necessary. Other issues covered include orphan works, public domain, and fair use. While some prior awareness of copyright issues is helpful, there is nothing in the book that is too technical for readers new to the subject. This is a great introductory book for students looking to understand the policy issues surrounding copyright. It is also a jumping-off point for further research into the impact of copyright laws on creators and content users. Summing Up: Highly recommended. All readership levels. J.M. Keller Florida Coastal School of Law

Notas de autor provistas por Syndetics

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; as a Policy Planning Advisor to the U.S. Register of Copyrights; as a law professor; and as a private lawyer. He is the author of the definitive eight volume treatise on copyright law, Patry on Copyright, a separate treatise on the fair use doctrine, Patry on Fair Use which has been in print since 1985, as well as many law review articles, including one with Judge Richard Posner.