Digital Copyright Paperback – Jul 5 2006
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From Library Journal
Litman (law, Wayne State Univ.) offers a surprisingly readable, even entertaining dissection of 1998's Digital Millennium laws passed throughout the 20th century. Central to her exegesis is a critique of the method of drafting legislation, begun just about 100 years ago, that lets the interested parties negotiate among themselves and submit to legislators proposed amendments and revisions. She includes libraries as parties with special interests in this system and notes that the most important group consumers is inevitably not represented. And she has special disdain for her fellow Chapters jump from a historical investigation of legislative practice, to comparison of several recent technological challenges to copyright, to an explanation of how shifts in the understanding of underlying principle have shaped the law. In the end, Litman proposes a vastly simplified system but admits that "a wholesale reconceptualization of copyright law seems unlikely-. There are not many Don Quixotes in Washington." Recommended for all types of libraries. Eric Bryant, "Library Journal" Copyright 2001 Cahners Business Information.
Copyright 2001 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.
Readers with an interest in doing business on the Internet, or in the specific issue of copyright, should not be without this book. The author, a recognized expert in copyright law, demonstrates how the World Wide Web has the potential to restructure copyright laws in the U.S. It's a tricky, complicated issue in which questions of control versus access are paramount. How, for instance, do you regulate the use of a copyrighted work when anyone who logs onto the Net can access it for free? Do you try to charge each computer user a royalty? To put all this in its proper context, Litman provides a capsule history of U.S. copyright law, showing how every development in the technology of publishing has brought further refinement and further complications to the law. At the center of the book is a single question: Do the new statutes now being proposed by copyright holders make sense? The book is quite technical in places, but it's also clearly written and sensibly argued. A timely and very useful resource. David Pitt
Copyright © American Library Association. All rights reserved --This text refers to an out of print or unavailable edition of this title.
Top Customer Reviews
Litman's explanation of how Congress has essentially abdicated its responsibilities by turning over the drafting of copyright law to the entrenched business interests is scary. But more frightening are the implications: When major chunks of our culture are locked behind individual use licenses, little room is left for innovation and creativity. The end result, I fear, will be a world where every last piece of information and our entertainment will be fed to us by Disney, Time Warner, and a few other mega-corporations. Not that I have anything against those firms, but a 35-page menu listing only variations of spaghetti is not my idea of fine dining.
Copyright used to be about a bargain - society gave limited rights to copyright owners to encourage creativity - in return society obtained building blocks for further creativity. But the model has changed - now the discussion (such as it is) is about the absolute property rights of the media company. (We don't even talk about "authors" anymore - who wrote "Finding Nemo" anyway?) The result is that the public's end of the bargain has been taken away - fair use is of little use anymore, and the first sale doctrine (which allows you to read, re-read, loan, sell, or destroy this book) has been emptied of any meaning with regards to digital media.
Litman does a great job in explaining how ugly the current copyright laws are, and she demonstrates clearly how the system threatens to stifle innovative new ways to communicate and entertain via the Internet.Read more ›
The bottom line is that copyright law and the meshing of digitization is not black and white yet is gray and murky. Until case law and the creatives reach some kind of a negotiation or a consensus, it will continue to be murky.
And, in our society we may have to agree to disagree with certain elements.
One of the strongest points brought out in this book was that if people don't believe in the law, they will not uphold it and there is not a lot that the government can do. I'm certainly not condoning illegal behavior yet there is a strong point to be made.
Our law was supposed to be written as one that would flex with the times yet we've found that digitization challenges the perceptions behind the laws that were set early and into the mid 1900's.
In conclusion, there is no conclusion and the story is still being written yet this book provides an excellent historical context for why copyright is as sensitive and muddy as it is and provides a good look at the dichotomies between the copyright exclusive owners and users.
The book is well written and will satisfy a legal scholar as well as law students and ordinary citizens. Her arguments are thorough and convincing. I would have liked to read more on the proposed reform of the Law, but maybe her next book will cover this issue in more details.
Generally speaking, I think this book will be one of the milestones on the copyright highway. It's a must read for anyone wanting to understand the process of creating and enforcing copyright law in the digital world.
Part polemic against the encroaching magnification of corporate over individual rights to works, part history of the development of copyright law in the US, Litman's main points as a law professor specializing in copyright law involve the historical lack of representation of individual consumers' rights in the marketplace. Congress historically has simply allowed "interested parties" to collaborate on agreements that Congress then enacted into law. Unfortunately, and as Litman shows again and again, businesses and consumers not at the bargaining table got the short shrift and nascent new industries based on revolutionary technologies (such as piano rolls, movies, etc) were hindered in their development. Those involved in the copyright law negotiations (libraries, unions, and major existing industries and trade groups) tended to get limited exceptions, deals, and special exemptions, while our representatives in Congress have traditionally simply allowed them their way.Read more ›
Most recent customer reviews
After glancing at some reviews, I had high hopes of getting a more in depth and precise understanding of digital copyright law. Read morePublished on Oct. 16 2002
This is a well-written and interesting history of copyright as it applies to digital works. But, it does not, as the title suggests, tell you much about protecting digital... Read morePublished on Sept. 17 2001 by benboy
For the last few years, I have been arguing with friends and co-workers about how the MPAA and the RIAA are quietly shaping copyright law, and not for the betterment of the... Read morePublished on July 12 2001 by sonytoao