(How to Fix Copyright) PDF KINDLE ↠ William Patry

  • Hardcover
  • 323
  • How to Fix Copyright
  • William Patry
  • English
  • 07 May 2018
  • 9780199760091

William Patry ä 3 review

read & download How to Fix Copyright William Patry ä 3 review free download ß eBook or Kindle ePUB ä William Patry 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. This book was a characteristically clear and impassioned take from William Patry on what s wrong with copyright policy and how it s formed 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 few formatting bugs I read the US hardcover all the footnotes and endnotes are in one list in the back which means you have to keep flipping back and forth if you want to catch the substantive ones I much prefer citations as endnotes and comments as footnotes Weirdly the copy editing was a bit sloppy in some of the endnotes too but it was no major distraction Things to leave behind 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 Lover Awakened Part 1 Black Dagger Brotherhood #3 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 The Stench 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. This book was a characteristically clear and impassioned take from William Patry on what s wrong with copyright policy and how it s formed 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 The Life Tree Poems reading It s also unsurprisingly very well The Painter researched and digs up examples I was totally unfamiliar with to make points that یزید really Berlin FeuerlandRoman eines Aufstands resonateA few formatting bugs I The Year's Best Horror Stories 15 read the US hardcover all the footnotes and endnotes are in one list in the back which means you have to keep flipping back and forth if you want to catch the substantive ones I much prefer citations as endnotes and comments as footnotes Weirdly the copy editing was a bit sloppy in some of the endnotes too but it was no major distraction

read & download How to Fix CopyrightHow to Fix Copyright

read & download How to Fix Copyright William Patry ä 3 review free download ß eBook or Kindle ePUB ä William Patry 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 living furthering 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. Very enjoyable read Patry hits the nail on the head that the problems facing content providers is primarily a failure to respond to market forces and an antiuated and ever increasingly misapplied law Stronger laws cannot fix a failure to respond to market forces In fact 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 for your opponent is not evidence in your favor In opposing fevored or monied interests I think it is crucial to be above reproach As Patry admits copyright law gets few excited In order to bring about a meaningful revolution as it were demonstrating the futility or foolishness of the opposition isn t enough The arguments here seem unlikely to change the minds of those indoctrinated with the rhetoric of strong IP Lover Awakened Part 1 Black Dagger Brotherhood #3 role does copyright law actually play in making these things come true in the The Stench 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. Very enjoyable The Life Tree Poems read Patry hits the nail on the head that the problems facing content providers is primarily a failure to The Painter respond to market forces and an antiuated and ever increasingly misapplied law Stronger laws cannot fix a failure to یزید respond to market forces In fact by attempting to enact stringent laws and create Berlin FeuerlandRoman eines Aufstands 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 for your opponent is not evidence in your favor In opposing fevored or monied interests I think it is crucial to be above The Year's Best Horror Stories 15 reproach As Patry admits copyright law gets few excited In order to bring about a meaningful The Year's Best Horror Stories 15 revolution as it were demonstrating the futility or foolishness of the opposition isn t enough The arguments here seem unlikely to change the minds of those indoctrinated with the Hottest Mess rhetoric of strong IP

free download ß eBook or Kindle ePUB ä William Patry

read & download How to Fix Copyright William Patry ä 3 review free download ß eBook or Kindle ePUB ä William Patry 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 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 the few 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 fight against the present and the future. 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 for 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 and 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 found the issue worthy of their interest and IP 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 for limited times to authors and inventors the exclusive right to their respective writings and discoveries Thomas Jefferson wrote a famous letter to Isaac McPherson in which he framed the issue elouently than anyone has done since He who receives an idea from 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 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 other form of property What form of wealth could belong to a man if not a work of the mind if not his own thoughtsthe 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 forbid another man to write the same words that he himself wrote first Modern experts do not have the literary talent of these illustrious predecessors nor do they approach the matter in the disinterested manner that framed the debates in the eighteenth and nineteenth century William Patry doesn t hide from 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 figure in the legal academic field As far as expertise goes he is the experts expert and speaks from a position of prominent authority And yet he writes in a refreshing and engaging style and forcefully makes the case that we should all be concerned about the state of copyright law Copyright needs fixing there is ample reason for alarm in assessing the situation we are 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 Wind from being retold from 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 for 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 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 of facts 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 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 D from 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 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 hard for 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 from building everything anew musicians seem uite deliberately to base their work on fragments taken from others Musicians take chunks of existing work that were proven to work well and set them in a new context or frame Musical genres develop out of other genres to the extent that every musical innovator is a crossover artist How would the great musical traditions of 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 art in which copying is widespread Writers practice the genre of the 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 following the instructions of talented teachers that one can develop one s own style or find 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 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 their fight 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 been 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 few 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 copyright protection itself is automatic and copyright policing is much aggressive than it used to be Lawmakers have lengthened the copyright term without any credible 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 from 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 from the work with five 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 favorite During this period of hibernation the cultural potential of most works cannot be fully 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 from 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 fixing copyright is to 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 The failure of policymakers to make new laws consistent with the technologies and markets of the new world of digital abundance is a reflection of false premises bad analysis lack of empirical work and capture by powerful vested interests For the author legislators approach the topic with a faith 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 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 even for successful works the benefits from ownership of copyrights have always flowed disproportionately to gatekeepers who are interested in artificial scarcity and monopoly profits rather than abundance and diversity No copyright law is not the basis for competitiveness in the knowledge based economy countries that are forced 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 force consumers to buy what they don t want to buy For the author the plight of the music industry or the decline of newspapers whose revenues have been eroded by piracy and the Internet is first and foremost the result of a failure to adapt to changing markets and technologies The European exceptionWilliam Patry is a specialist of the American legal system and he has 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 Market for 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 from copyright protection The stamp of famous consultancies such as Ernst Young or PricewaterhouseCoopers on impact assessments of feasibility studies should not fool 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 famous artists and corporate tycoons close to the centers of power as opposed to lobbying firms and armies of anonymous legal experts And William Patry himself an amateur bassoon player has only good words for European funding of artistic activities such as direct grants and subsidies for cultural organizations and artists Germany has approximately twenty five times the number of full 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 found in this strong public support for culture not in dubious lawmaking processes and calls for industry protection