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Copyrights and Copywrongs: The Rise of…
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Copyrights and Copywrongs: The Rise of Intellectual Property and How it…

by Siva Vaidhyanathan

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I learned so much from this thoughtful, well-written book. Although a bit dated now (2001, author added an epilogue to the paperback edition that came out in 2003), you get a great handle on all the basic concepts of American copyright law. Prof. Vaidhyanathan makes the history of copyright -- especially the early days of American publishing -- come alive. Mark Twain, the Marx Brothers et al as well as their copyright exploits are explored with appropriate parallels drawn to today's issues. Vaidhyanathan makes a persuasive case for "weak" copyright that encourages innovation and creativity -- with appropriate protections for rights holders. ( )
  gooutsideandplay | Jan 16, 2012 |
Siva's first book, loaded with great examples of copyright gone wrong. A great first book for those curious about the burgeoning copyright reform movement. ( )
  lquilter | Sep 27, 2009 |
Have not read yet.
  Orastar | Aug 2, 2007 |
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Amazon.com Product Description (ISBN 0814788076, Paperback)

Copyright reflects far more than economic interests. Embedded within conflicts over royalties and infringement are cultural values—about race, class, access, ownership, free speech, and democracy—which influence how rights are determined and enforced. Questions of legitimacy—of what constitutes “intellectual property” or “fair use,” and of how to locate a precise moment of cultural creation—have become enormously complicated in recent years, as advances in technology have exponentially increased the speed of cultural reproduction and dissemination.

In Copyrights and Copywrongs, Siva Vaidhyanathan tracks the history of American copyright law through the 20th century, from Mark Twain’s vehement exhortations for “thick” copyright protection, to recent lawsuits regarding sampling in rap music and the “digital moment,” exemplified by the rise of Napster and MP3 technology. He argues persuasively that in its current punitive, highly restrictive form, American copyright law hinders cultural production, thereby contributing to the poverty of civic culture.

In addition to choking cultural expression, recent copyright law, Vaidhyanathan argues, effectively sanctions biases against cultural traditions which differ from the Anglo-European model. In African-based cultures, borrowing from and building upon earlier cultural expressions is not considered a legal trespass, but a tribute. Rap and hip hop artists who practice such “borrowing” by sampling and mixing, however, have been sued for copyright violation and forced to pay substantial monetary damages. Similarly, the oral transmission of culture, which has a centuries-old tradition within African American culture, is complicated by current copyright laws. How, for example, can ownership of music, lyrics, or stories which have been passed down through generations be determined? Upon close examination, strict legal guidelines prove insensitive to the diverse forms of cultural expression prevalent in the United States, and reveal much about the racialized cultural values which permeate our system of laws. Ultimately, copyright is a necessary policy that should balance public and private interests but the recent rise of “intellectual property” as a concept have overthrown that balance. Copyright, Vaidhyanathan asserts, is policy, not property.

Bringing to light the republican principles behind original copyright laws as well as present-day imbalances and future possibilities for freer expression and artistic equity, this volume takes important strides towards unraveling the complex web of culture, law, race, and technology in today's global marketplace.

(retrieved from Amazon Thu, 12 Mar 2015 18:10:35 -0400)

"Copyright reflects far more than economic interests. Embedded within conflicts over royalties and infringement are cultural values - about access, ownership, free speech, race, class, and democracy - which influence how rights are determined and enforced. Questions of legitimacy - of what constitutes "intellectual property" or "fair use," and of how to locate a precise moment of cultural creation - have become enormously complicated in recent years, as advances in technology have exponentially increased the speed of cultural reproduction and dissemination." "In Copyrights and Copywrongs, Siva Vaidhyanathan tracks the history of American copyright law through the twentieth century, from Mark Twain's vehement exhortations for "thick" copyright protection to recent lawsuits regarding sampling in rap music and the "digital moment," exemplified by the rise of Napster and MP3 technology. He argues that in its current punitive, highly restrictive form, American copyright law hinders cultural production, thereby contributing to the poverty of civic culture."--BOOK JACKET.… (more)

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