In this postscript, written to accompany the re-release of my book Digital Copyright under a CC-BY-ND Creative Commons License. Story time just got better with Prime Book Box, a subscription that delivers hand- picked children’s books every 1, 2, or 3 months — at 40% off List Price. : Digital Copyright: Protecting Intellectual Property on the Internet ( ): Jessica Litman: Books.

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With the “Information Superhighway” or “National Information Infrastructure” NII buzzwords in the early nineties, a working group was set up under Patent Commissioner Bruce Lehman to look at related intellectual property issues. Unsurprisingly, the DMCA failed to resolve the issues raised by new technologies. Recommended Citation Litman, Jessica D. No eBook available Amazon.

Digital Copyright – Jessica Litman – Google Books

What are the effects of such laws on the exchange of information in a free society? Fought over by vested interests, bounced between House and Senate and committees competing for jurisdiction, and even tied up with international treaties and the World Intellectual Property Organisation, this ended up “long, internally inconsistent, difficult even for copyright experts to parse and harder still to explain.

And “fair use” privileges have been narrowed, but “piracy” expanded to include any unlicensed use, not just large-scale commercial duplication. Copyright has changed from being a “bargain” between public and author to a “a system of economic incentives”. Should every interaction between ordinary consumers and copyright-protected works be restricted by law?

And the “civil disobedience” she describes — without using that term — is the unplanned disobedience of ordinary individuals, not the organised action of an activist cadre. What are the effects of such laws on the exchange of information in a free society?

Litman’s approach is non-technical, with the more involved details and the references to statute and copyrjght in endnotes to each chapter. The answer is “no”: Common terms and phrases 1st sess 2d sess amendments ASCAP authors bargain broadcast Bruce Lehman cable circumvention Commerce Committee commercial compulsory license conferences Cong Congress consumer electronics content owners copyright infringement copyright law copyright lawyers Copyright Office copyright owners copyright protection copyright revision copyright rules copyright statute current copyright DeCSS Digital Millennium Copyright distribution DMCA draft enacted exclusive rights digiral fair Grokster Hearings on H.


Skip to main content. The Art of Making Copyright Laws.

Digital Copyright

The longest chapter, “Copyright and Compromise”, then recounts the history of copyright lawmaking from the beginning of the twentieth century down to the copyright statute.

And we risk limiting the potential of new forms — what Litman calls “unbooks” — if we insist on applying law designed for old ones. The first imagines how we or a hypothetical benevolent despot might go about revising copyright law for the information age.

May External links: One of the arguments of the Lehman working group was that full digjtal of the NII could only happen with strong copyright protection. Selected pages Title Page.

Of course, as the earlier chapters on lawmaking make clear, such an approach is unlikely. More importantly, it seeks for the first time to impose liability on ordinary citizens for violation of provisions that they have no reason to suspect are part of the law, and to make noncommercial and noninfringing behavior illegal on the theory that that will help to prevent piracy. I wish I could be confident that copyright law would be the loser in such a fight.

Litman’s critique exposes the copyright law as an incoherent patchwork. She is clearly not optimistic about the copyrighht of political lobbying though there may be more hope for that outside the US.

“Digital Copyright” by Jessica D. Litman

Litman breaks here for a thought experiment — if a member of the general public brought the act to a copyright lawyer, should she recommend it to them? Description Incopyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners’ control over individuals’ private uses of their works.

In any event, public rights — to read and to cite, and to access public domain information within protected works — would need to be made explicit, perhaps along with a Berne convention approach to protecting authorial integrity. Protecting Intellectual Property on the Internet Jessica Litman Snippet view – Digital Copyright Jessica Litman No preview available – Litman also looks at the effects of changing metaphors.

If we want to impose the same set of rules on film studios and high school students, Litman argues that we need to pay some attention to how the latter think — and what they want.

Professor Litman’s work stands out as well-researched, doctrinally solid, and always piercingly well-written. Central to her exegesis is a critique The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.


Just Say Yes to Licensing. This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June Supreme Court decision in the Grokster case. But popular failure to understand copyright law is not new: Copyright has overtaken censorship as the hottest topic online, but it is often poorly understood — as Litman puts it, “copyright law questions can make delightful cocktail-party small talk, but copyright law answers tend to make eyes glaze over everywhere”.

In fact, Litman argues, the range of quality material available on the Internet clearly demonstrates — and already demonstrated in — that other incentives exist for the production and publication of content.

She argues for reforms of the copyright law that reflect common sense and the way people actually behave in their daily digital interactions.

Perhaps the most important thing that can be done is to educate politicians and citizens about the issues — a task in which Digital Copyright will be most useful. The last two chapters offer some suggestions for the future. Should every interaction between ordinary consumers and copyright-protected works be restricted by law?

Is it practical to enforce such laws, or expect consumers to obey them?

Prometheus Books- Law – pages. Copyright Law in the Digital Millennium. In Digital Copyright Jessica Litman has produced a clear and concise introduction to United States copyright law, covering its history and its interaction with the new technologies of the Internet. Although it covers quite recent events for a printed volume — down to mid — Digital Copyright shows no signs of being rushed or hastily put together.

In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Litman’s analysis may be objective, but she is certainly not dispassionate — she states her own concerns up front: