Read e-book online Copyright's Paradox PDF

By Neil Weinstock Netanel

ISBN-10: 0195137620

ISBN-13: 9780195137620

Offering an essential monetary incentive for far of society's tune, paintings, and literature, copyright is commonly thought of "the engine of unfastened expression"—but it's also used to stifle information reporting, political remark, old scholarship, or even creative expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions among copyright legislations and unfastened speech, revealing the unacceptable burdens on expression that copyright can impose. Tracing the clash throughout either conventional and electronic media, Netanel examines the remix and copying tradition on the middle of present controversies with regards to the Google publication seek litigation, YouTube and MySpace, hip-hop song, and electronic sampling. the writer juxtaposes the dramatic enlargement of copyright holders' proprietary regulate opposed to the individual's newly came across skill to digitally lower, paste, edit, remix, and distribute sound recordings, videos, television courses, pics, and texts across the world. He assessments even if, in mild of those and different advancements, copyright nonetheless serves as an important engine of loose expression and assesses how copyright does—and does not—burden unfastened speech. Taking First modification values as his lodestar, Netanel deals a very important, well timed name to redefine the bounds of copyright so it may possibly so much successfully advertise powerful debate and expressive diversity—and he offers a definitive blueprint for a way this is often comprehensive.

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A confidential source gave McCullagh what the reporter believed to be the correct secret password to the documents. Like any journalist worth his salt, McCullagh’s first impulse must have been to enter the password, read the documents, and report on any newsworthy contents. That has been the soul of investigative newsgathering since long before the New York Times published the Pentagon Papers. But McCullagh, who often reports on technology and intellectual property issues, feared that, by using a purloined password to de-encrypt the document, he could face civil and criminal liability under the Digital Millennium Copyright Act.

That vehicle has made it financially feasible—indeed presumably highly profitable—for the company to advance the Internet’s speechenhancing promise, first, by scanning into searchable, digital format vast amounts of information and expression that have thus far not been available on the Internet and, second, by applying its search engine algorithm to text, pictures, music, and video. Google has incurred copyright holders’ wrath on a number of fronts. I focus here on two particularly noteworthy Google initiatives, the Google Book Search Project and Google News.

But can the same be said regarding Air Pirates’ depiction of Mickey Mouse taking drugs and having sex? Or hip-hop artist Biz Markie’s sampling of Gilbert O’Sullivan? Or a teenager’s amassing of a personal collection of thousands of music recordings downloaded from unlicensed peer-to-peer filetrading networks? For that matter, what is at stake in the publishers’ lawsuit against Google Book Search? Is it really ‘‘freedom of speech’’ or is it just a business dispute? To begin to answer these questions, we must first parse what we mean by ‘‘freedom of speech’’ and how it might apply to copyright.

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Copyright's Paradox by Neil Weinstock Netanel


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