Copyright law Books

Book SynopsisProvides the first comprehensive comparative and empirical analysis of the state of harmonisation in EU copyright law in the 27 Member States, and the UK, at the level of national courts.

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Book SynopsisThis book responds to the need to distinguish human creations from those produced by AI.It does so by tracing the human attributes of authorship and inventorship in the requirements for protection and ownership in European copyright and patent laws. Its main contribution lies in exposing shortcomings in how the laws are applied in the UK, Germany, and France. It shows that the human origin of creations is traditionally inferred from their expressive form or technical character. Given the advancements in AI, such inferences are no longer legitimate. What is more, these shortcomings may eventually lead to granting copyright or patent protection where none is lawfully permitted or sufficiently justified.To remedy the situation, this book offers doctrinal solutions such as refining the concepts of authorship and inventorship to better reflect the human creativity underpinnings of copyright and patent laws. It also proposes law reforms addressing the disruptive role of AI, eg making disclosure duties more robust.This book guides authorities, practitioners, and students to better understand the problem of copyright and patents for objects entirely or partly generated by AI. It also advances the ongoing academic and policy debates on AI and intellectual property law.

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Book SynopsisTable of Contents§ 7 Sonderveranstaltungen -- I. Einleitung -- II. Allgemeines -- III. Verbotene Sonderveranstaltungen (§ 7 Abs. 1) -- IV. Zulässige Sonderangebote (§ 7 Abs. 2) -- V. Winter- und Sommerschlußverkäufe (§ 7 Abs. 3 Nr. 1) -- VI. Jubiläumsverkäufe (§ 7 Abs. 3 Nr. 2) -- VII. Anhang -- § 8 Räumungsverkauf -- I. Einleitung -- II. Wesen des Räumungsverkaufs -- III. Räumungsverkaufsgründe -- IV. Durchführung der Räumungsverkäufe -- V. Verbotstatbestände -- VI. Verbote nach Durchführung von Räumungsverkäufen (§ 8 Abs. 6) -- § 12 Die Bestechung von Angestellten -- I. Allgemeines -- II. Der Tatbestand der aktiven Bestechung (§ 12 Abs. 1) -- III. Der Tatbestand der passiven Bestechung (Bestechlichkeit, § 12 Abs. 2) -- IV. Strafverfolgung und Rechtsfolgen

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Book SynopsisGuillaume Heuguet is a Professor of Contemporary Art and Art History at ESACM (Clermont-Ferrand), France, and the Editor-in-Chief of Audimat, a French journal of music criticism. He holds a PhD in media studies from the School of Higher Studies in Communication (CELSA), Sorbonne University, France, and has edited for Paris' Philharmonic Penser les musiques populaires, the first French reader on popular music studies.

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Book SynopsisThis original andrelevant book investigates the relationship between intellectual property and the visual arts in France from the 16th century to the French Revolution. It charts the early history of privilege legislation (today's copyright and patent) for books and inventions, and the translation of its legal terms by and for the image.Those terms are explored in their force of law and in relation to artistic discourse and creative practice in the early modern period. The consequences of commercially motivated law for art and its definitions, specifically its eventual separation from industry, are important aspects of the story. The artists who were caught up in disputes about intellectual property ranged from the officers of the Academy down to the lowest hacks of Grub Street. Lessons from this book may still apply in the 21st century; with the advent of inexpensive methods of reproduction, multiplication, and dissemination via digital channels, questions of intellectual property and the visual arts become important once more.

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Book SynopsisEverything a writer needs to know about the law. This accessible, reader-friendly handbook will be an invaluable resource for authors, agents, and editors in navigating the legal landscape of the contemporary publishing industry. Drawing on a wealth of experience in legal scholarship and publishing, Jacqueline D. Lipton provides a useful legal guide for writers whatever their levels of expertise or categories of work (fiction, nonfiction, or academic). Through case studies and hypothetical examples, Law and Authors addresses issues of copyright law, including explanations of fair use and the public domain; trademark and branding concerns for those embarking on a publishing career; laws that impact the ways that authors might use social media and marketing promotions; and privacy and defamation questions that writers may face. Although the book focuses on American law, it highlights key areas where laws in other countries differ from those in the United States. Law and Authors will prepare every writer for the inevitable and the unexpected.Trade Review“Law and Authors is a very well-written book that should satisfy the needs of most writers in understanding the basics of publishing law.” * Publishing Research Quarterly *Table of ContentsAcknowledgments Introduction Setting the Stage: A Primer on the Law for Writers 1. Copyright Basics Ownership, Registration, the Public Domain, and Creative Commons 2. Know Your (Copy)Rights Understanding Your Rights and Protecting Your Work 3. Writing for Someone Else Ghostwriting, Freelancing, “IP,” and Works for Hire 4. Fair Use Basics 5. Specific Fair Uses Parody, Fanfiction, and Educational Use 6. Contracts with Agents and Publishing Houses 7. Self-Publishing Contracts 8. Protecting Your Author Brand Trademark Basics 9. Writing about Real People Privacy Law 10. Damaging Someone’s Reputation Defamation Law 11. Marketing and Social Media Websites, Blogs, Book Trailers, Social Networking, and More 12. Photographs, Illustrations, and Other Artwork 13. Finding Additional Help Notes Index

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Book SynopsisMark Rose uses case studies to show how gender and gentility have influenced the self-presentation of authors in court and how the personal styles, public personas, and histories of novelists, dramatists, poets, photographers, and cartoonists have influenced the development of legal doctrine around issues of copyright.

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Book SynopsisTrade ReviewHonorable Mention for the 2015 PROSE Award in Law & Legal Studies, Association of American Publishers "[F]ascinating and learned."--Louis Menand, New Yorker "Baldwin quite ably and thoroughly illuminates the history of copyright developments in Europe and the US."--Mark A. Fischer, Los Angeles Review of Books "Baldwin expertly and economically records the major beats of copyright history in the last 300 years in a surprisingly focused, readable narrative... In discussions ranging from the origins of copyright in 18th-century England, through the rise of 'moral rights' in Europe and the transition of the U.S. from global pirate to a net exporter of cultural works in the 19th century, to present day battles over Google Book Search and thorny legislation, such as the Stop Online Piracy Act (SOPA), Baldwin both illuminates the past and neatly sketches the contours of the battles to come."--Publishers Weekly starred review "Scholarly but accessible and lucid; essential for students or modern intellectual property law and of much interest to a wide audience of writers, journalists, publishers and 'content creators'."--Kirkus "Baldwin has provided an often fascinating account of debates over intellectual property, including the defense of the moral rights of authors in Fascist Italy and Nazi Germany. Most important, Baldwin makes a compelling case that although claims to intellectual property have strengthened over the last three hundred years, they do not rest in nature. Intellectual property is, in fact, 'a contingent, socially created right, in thrall to what the lawmakers of the day' decide it is."--Huffington Post "The overriding value of The Copyright Wars is ... its rich history of copyright and its underlying philosophy. In particular, [Baldwin] provides a fascinating analysis of the rivalry between the US and UK conception of property rights and the continental European belief in the author's moral rights."--John Gapper, Financial Times "Well-researched ... full of informative and occasionally amusing history on international treaties, ideas about authorship, and why the French get so angry when we colorize old movies. A book like Baldwin's is long overdue."--Robert Levine, Columbia Journalism Review "[A]n epic history of copyright and authors' rights."--Mike Holderness, New Scientist "An excellent, scholarly study of what has gone wrong with American copyright law in the last half-century that will contribute to the ongoing debate on reforming the law."--Library Journal, starred review "I hardly exaggerate when I say that the story leaves the reader breathless. It is not only that the range of the author's erudition is as broad as the back of a Volga boatman, but that this book succeeds in reflecting, in its tiny puddle of a specialized subject, much of what has happened in Western thinking since the French Revolution. I cannot do it justice in a brief review, because every page is a veritable kaleidoscope of historical fact, astute ratiocination, and counterintuitive paradox, a pattern as dazzling as it is bewitching."--Andrei Navrozov, Chronicles "Baldwin's detailed scholarship is second to none, and he offers a meticulously researched summary and synthesis of these debates that manages to make sense out of three centuries of legal and political struggle. The work manages to make this struggle accessible and comprehensible to a broad audience, without sacrificing any of the important nuance and context that an understanding of the issues requires."--Hans Rollman, PopMatters "Copyright Wars is worth a read. It reminds readers that whereas many of today's copyright issues have to do with new technology, they have deep historical and cultural roots. And the book offers one of the best collections of copyright anecdotes."--Economist "[A] superb book for the general reader."--Barney Sherman, Iowa Public Radio "Peter Baldwin brilliantly unpicks the history, in this well-written, highly readable book... I never expected to call a book on copyright legislation 'fascinating'!"--Tom Wilson, Information Research "Baldwin has a case to make... an original and counterintuitive argument that could, if accepted, change the shape of conflicts over intellectual property (IP) in generaI... If he is right, then the way in which we see the politics of globalization in the information economy needs to be radically revised... Baldwin makes use of sources in all these countries' languages that will be largely new to the Anglophone community. Thanks to this, he is able to bring a valuable and genuinely new perspective to bear on the topic... In the end, this is an important book that deserves the attention of readers interested in cultural policy, globalization, and IP debates. The argument it makes is significant and deserves to be addressed, not so much by historians as by legal experts, digital activists, authorities in international politics, and even negotiators engaged in the nitty-gritty of trade diplomacy."--Adrian Johns, H-Net "[A] superbly researched, well-written tract on how copyright developed in England, France, Germany, and the US with a view to the moral rights of authors of creative products, the role of the potential audience, and how legislation reflects the extent of the coercive ability of the state to limit an author's personal expressive ability."--Choice "Peter Baldwin's The Copyright Wars: Three Centuries of Trans-Atlantic Battle ... traces the swings of power and interest between authors and their audiences in the long struggle between copyright and access. It sparkles with Baldwin's characteristic qualities: caustic and epigrammatic prose, a forensic comparative approach to differences between the US and Europe, scorn for vested interests and sloppy thinking. It has a special relevance today when corporate rights-owners are seeking in law to extend their ownership of culture in perpetuity and digital activists (and, now, academics) are fighting for open access."--Peter Mandler, History Today "Copyright Wars is an enlightening read ... it provides three centuries of context to today's battles of further harmonization of copyright law in the European Union, litigious heirs of copyright works and the attempts of policymakers and judges to play catch-up with the latest technology. With MEP Julia Reda's Report on the Information Society Directive 2001/29 even suggesting copyright registration, it may be that Baldwin's historical analysis is in fact an indicator of the future direction of international copyright regulation."--Journal of Intellectual Property Law and Practice "The Copyright Wars is an exhaustively researched epic journey through the international, historical, and present-day relationships among society, authors, disseminators ... and the public. It presents not only the main legal developments in sweeping history over hundreds of years ... but also a dazzling assemblage of anecdotes, historical context, quotes from obscure writings, miniutiae and 'you are there' reports on benchmark cases. Perhaps because he is a nonlawyer writing a book of social/legal history, Baldwin is free to observe and write more like a time-travelling historical journalist, unafraid to use catchy phrases or to challenge his readers."--California Lawyer "In the end, this is an important book that deserves the attention of readers interested in cultural policy, globalization, and IP debates. The argument it makes is significant and deserves to be addressed ... by legal experts, digital activists, authorities in international politics, and even negotiators engaged in the nitty-gritty of trade diplomacy."--Adrian Johns, H-Net Reviews "The Copyright Wars is an exhaustively researched epic journey through the international, historical, and present day relationships among society, authors, disseminators and the public. It presents not only the main legal developments in sweeping history over hundreds of years focusing on Britain, the United States, and continental Europe-but also a dazzling assemblage of anecdotes, historical context, quotes from obscure writings, minutiae, and 'you are there' reports on benchmark cases."--Corey Field, California Lawyer "[T]his is an important book that deserves the attention of readers interested in cultural policy, globalization, and IP debates. The argument it makes is significant and deserves to be addressed."--Adrian Johns, H-Net Reviews "[A] powerful book... This book deserves a wide readership, not just among librarians, but among those who care about corporate control of our cultural heritage."--Michael O. Eshleman, Law Library Journals "Baldwin has produced an enjoyable, persuasive, and comprehensive account of a vast and complex set of historical developments. He succeeds in showing that today's 'digital generation' is fighting a battle that 'stretches back three centuries.'"--Robert Spoo, Journal of Modern HistoryTable of ContentsIntroduction: The Agon of Author and Audience 1 1. The Battle between Anglo-American Copyright and European Authors' Rights 14 2. From Royal Privilege to Literary Property: A Common Start to Copyright in the Eighteenth Century 53 3. The Ways Part: Copyright and Authors' Rights in the Nineteenth Century 82 4. Continental Drift: Europe Moves from Property to Personality at the Turn of the Century 126 5. The Strange Birth of Moral Rights in Fascist Europe 163 6. The Postwar Apotheosis of Authors' Rights 199 7. America Turns European: The Battle of the Booksellers Redux in the 1990s 262 8. The Rise of the Digital Public: The Copyright Wars Continue in the New Millennium 318 Conclusion: Reclaiming the Spirit of Copyright 383 Acknowledgments 411 Notes 413 Index 513

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Book SynopsisTrade Review"Winner of the Peter Gonville Stein Book Award, American Society for Legal History""Runner-Up Commendation for the DeLong Book History Book Prize, Society for the History of Authorship, Reading, and Publishing""Wang’s book . . . is [an] equally fundamental (soon to be called seminal, I believe) piece of literature as Alford’s title. Wang’s monograph dug into extreme depth."---Péter Mezei, Journal of Intellectual Property Law & Practice"Wang’s book adds substantially both to long-standing and more recent general historical scholarship on modern China. . . . Wang uses her archival and published sources to make original, insightful, even brilliant arguments that, while clearly located within recognizable lineages of empirical social, cultural, and legal historiography, also extend that historiography in innovative and important ways. Wang writes vigorous yet nuanced jargon-free narrative and analytical prose. She knows how to tell a story. Her writing in this book will undoubtedly appeal to both scholars and laymen."---Christopher A. Reed, Journal of Chinese History"[A] meticulously researched and highly readable new book. . . . There is a widespread general perception, even among specialists, that copyright and related intellectual property rights have always been an awkward alien import in China and enjoy no genuine social recognition or support. Pirates and Publishers makes a strong and convincing case for revising the latter notion."---Michel Hockx, Journal of Asian Studies"What Wang does offer, through both standard resources and a unique cross-referencing of Booksellers Guild records with the Shanghai Municipal Archives, is forgotten slice of China’s economic and cultural history, largely presented here—at least by the standards of copyright law—as a rollicking read."---Ken Smith, Asian Review of Books"Ambitious and insightful."---Nicolai Volland, East Asian Publishing and Society"Ultimately, Wang’s book is a fine work of scholarship that persuasively demonstrates that, beyond the narrow confines of the formal law, there was a vast and socioeconomically significant dimension of institutional agency in early twentieth-century Chinese copyright practices. The book introduces much social complexity and nuance to a topic that has all too often lacked both."---Shyamkrishna Balganesh & Taisu Zhang, Harvard Law Review

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Book SynopsisTrade Review"Winner of the Peter Gonville Stein Book Award, American Society for Legal History""Runner-Up Commendation for the DeLong Book History Book Prize, Society for the History of Authorship, Reading, and Publishing""Wang’s book . . . is [an] equally fundamental (soon to be called seminal, I believe) piece of literature as Alford’s title. Wang’s monograph dug into extreme depth."---Péter Mezei, Journal of Intellectual Property Law & Practice"Wang’s book adds substantially both to long-standing and more recent general historical scholarship on modern China. . . . Wang uses her archival and published sources to make original, insightful, even brilliant arguments that, while clearly located within recognizable lineages of empirical social, cultural, and legal historiography, also extend that historiography in innovative and important ways. Wang writes vigorous yet nuanced jargon-free narrative and analytical prose. She knows how to tell a story. Her writing in this book will undoubtedly appeal to both scholars and laymen."---Christopher A. Reed, Journal of Chinese History"[A] meticulously researched and highly readable new book. . . . There is a widespread general perception, even among specialists, that copyright and related intellectual property rights have always been an awkward alien import in China and enjoy no genuine social recognition or support. Pirates and Publishers makes a strong and convincing case for revising the latter notion."---Michel Hockx, Journal of Asian Studies"What Wang does offer, through both standard resources and a unique cross-referencing of Booksellers Guild records with the Shanghai Municipal Archives, is forgotten slice of China’s economic and cultural history, largely presented here—at least by the standards of copyright law—as a rollicking read."---Ken Smith, Asian Review of Books"Ambitious and insightful."---Nicolai Volland, East Asian Publishing and Society"Ultimately, Wang’s book is a fine work of scholarship that persuasively demonstrates that, beyond the narrow confines of the formal law, there was a vast and socioeconomically significant dimension of institutional agency in early twentieth-century Chinese copyright practices. The book introduces much social complexity and nuance to a topic that has all too often lacked both."---Shyamkrishna Balganesh & Taisu Zhang, Harvard Law Review

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Book SynopsisThe conflicts at the heart of international copyright are explored through the history of Canadian nation-building.Table of Contents1 Introduction2 Canada and the International Copyright System3 Imperialism: Canadian Copyright under the Colonial System, 1842-784 United Empire: Canada and the Formation of the Berne Convention, 1839-865 Berne Buster: The Struggle for Canadian Copyright Sovereignty, 1887-19086 The New Imperial Copyright, 1895-19147 Copyright “Sovereignty,” 1914-248 Copyright Internationalism: Canada’s Debut, 1927-369 New Directions, 1936-6710 Crisis in International Copyright, 196711 Re-engagement, 1967-7712 After 197113 ConclusionNotesBibliography and Archival SourcesIndex

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Book SynopsisThe conflicts at the heart of international copyright are explored through the history of Canadian nation-building.Table of Contents1 Introduction2 Canada and the International Copyright System3 Imperialism: Canadian Copyright under the Colonial System, 1842-784 United Empire: Canada and the Formation of the Berne Convention, 1839-865 Berne Buster: The Struggle for Canadian Copyright Sovereignty, 1887-19086 The New Imperial Copyright, 1895-19147 Copyright “Sovereignty,” 1914-248 Copyright Internationalism: Canada’s Debut, 1927-369 New Directions, 1936-6710 Crisis in International Copyright, 196711 Re-engagement, 1967-7712 After 197113 ConclusionNotesBibliography and Archival SourcesIndex

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Book SynopsisAre innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the progress of science and the useful arts has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centTrade Review"Ultimately, The Eureka Myth does truly 'chart new terrain for our understanding of . . . scientific and artistic innovation and the intellectual property that purports to sustain them' (pp.5–6). Silbey offers unique insights into the work and motivations of creators and innovators and makes an original and thoughtful contribution to the discourse on intellectual property rights. The Eureka Myth would be a good addition to an academic law library collection, and it is a worthwhile read for anyone interested in intellectual law and policy."—Morgan M. Stoddard, Law Library Journal"The purpose of intellectual property laws is to promote the 'progress of science and useful arts' by securing property rights for authors and creators . . . Silbey articulates a compelling challenge to the incentive argument . . . A compelling counter to common assumption about IP law, backed by interesting anecdotal evidence, that will interest IP law scholars and practitioners . . . Recommended."—C. Fruin, CHOICE"The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match—and mismatch—with the formal law."—Rebecca Tushnet, Georgetown University Law Center"The Eureka Myth enriches our empirical understanding of the roles that intellectual property laws play in the lives of individual creators in scientific, and more literary and artistic fields. This provocative book explains why creators sometimes under-enforce their rights, and contrary to the common assumptions of IP specialists, it shows that individual creators rarely think of intellectual property rights as an inducement to be creative."—Pamela Samuelson, Berkeley Law School"The relationship between intellectual property law and human creativity is too often assumed rather than interrogated. By listening to creators, Silbey uncovers new and different reasons why people create and how intellectual property matters. This wise and luminous book is required reading for anyone who claims to understand IP law."—Julie E. Cohen, Georgetown University"At last—a book that provides the only sound basis for sound policy. Silbey did the hard work of asking those who create why they create and what they need to keep creating. In place of phony political bromides like 'I stand with artists,' we can finally hear what artists themselves say. We should listen."—Bill Patry, Senior Copyright Counsel, GoogleTable of ContentsContents and AbstractsIntroduction: Introduction chapter abstractThe introduction introduces the book as a qualitative empirical interview study with artists, scientists, engineers and business people in creative and innovative industries. It situates the book as an investigation into the motives and mechanisms of creative and innovative work and in the context of the theoretical and quantitative literature on IP and its success at achieving the "progress of science and the useful arts," a Constitutional goal. Based on analysis of the accounts from the interviews, the introduction describes how there exists a diversity of reasons for and mechanisms by which creative and innovative work gets made and distributed, only a small part of which is intellectual property law. This challenges core principles of IP law, especially an assumption that exclusivity through property rights is essential to stimulating art, science and technological progress. 1Inspired Beginnings chapter abstractChapter 1 traces the features of a specific story form, "the origin story" throughout the interviews. An "origin story" begins with an inspired moment that sets the person or organization on its path. Origin stories serves particular purposes. They explain how a culture or society began (e.g., Genesis). They infuse an aspect of everyday life with special significance by explaining why things are as they are (e.g., "you were born that way"). They guide how things should evolve in the future (e.g., "the agreement memorializes our future intentions"). Each interviewee explains a milestone in their professional life in terms of an origin story, referring to a past that has unique significance for making sense of the present. Chapter 1 canvasses these origin stories to explain how most describe the embarkation of their work in art or science mostly due to intrinsic or serendipitous forces, unrelated to IP. 2Daily Craft: Work Makes Work chapter abstractChapter 2 explores the varied ways the interviewees describe their daily work. Similarities in accounts coalesce around the dimensions of time, space and labor. Most articulate a common respect for constant and committed daily work, focusing on the importance of physical spaces (studio, lab, desk) and time spent. Distinct metaphors and word patterns illuminate the expressive focus on time, space and labor, highlighting a misfit between IP protection and the interviewees' aspirations or expectations for reward. Interviewees describe work with natural metaphors (e.g., harvesting or fishing), implying that the physical labor dignifies the output. This contrasts with IP, which does not reward labor or time. Interviewees translate their intellectual work into tangible output, comparing their work to real or personal property. Ironically, describing the value of their work in material terms strengthens the possessive impulse manifesting as property claims that are more robust than IP law provides. 3Making Do With A Mismatch chapter abstractChapter 3 describes the transitions from beginnings and everyday work to the business of developing a career in IP-rich fields. Interviewees provide diverse accounts of "making do" in creative and innovative industries. Although some interviewees describe direct reliance on specific forms of IP, many business models rely only indirectly on IP rights. Indeed, most interviewees embrace a system of IP that is "leaky" or misaligned insofar as IP is not the optimal avenue for achieving professional goals. Interviewees rarely describe the need to exercise the full range of exclusivity to which IP law entitles them. Although IP rights are both under-enforced and over-enforced at times, the most common strategy interviewees describe is to relax IP rights in order to achieve three common goals: a sustainable business, productive and satisfying relationships, and a measure of autonomy in life and work. 4Reputation chapter abstractChapter 4 describes how interviewees value reputation and attribution. When asked to describe some of the most contentious infractions during their career, interviewees describe reputational free riding, not economic free riding. And where the two intersect (which is often, especially in the trademark context), language of dignity and desert rather than economic harm dominates. Moreover, interviewees assert a desire for reputational control from IP law where it rarely exists. This Chapter analyzes the common accounts and metaphors that predominate in stories of reputational injury – stories of family, bodily integrity and life or death. Understandably, emotions run high in this context and the language seeking to justify the entitlement to reputational control often resemble stronger rights and obligations than IP (or neighboring regimes) provide. Over-protection in these situations can lead to misuse of IP laws or an increasing frustration from artists and scientists that IP law is irrelevant to them. 5Instruction: How Lawyers Harvest IP chapter abstractChapter Five describes how IP intervenes as an external force shaping and directing art and science. IP law affecting the work's on-going vitality is largely absent until a lawyer or business partner intervenes. IP arrives later for creative and innovative work trajectory and comes with a coach. Interviewees describe lawyers as disruptive and distracting, whereas the lawyer describes herself as bringing tools to facilitate work or business. When the lawyer is welcome, it is when she has translated IP into client interests resonating with everyday work or goals. The lawyer's varied characterizations of IP in terms the client accepts correlates to jurisprudential categories of legality (e.g., natural law, distributive justice). This invites the conclusion that IP's form and purpose, shaped by legal advice and client concerns, is not predetermined by legal rules or economic principles, but is constitutive of creativity and innovation and influenced by preexisting interests and motivations. 6Distribution: How IP Circulates chapter abstractDissemination is the ultimate goal of IP and a dominant reason interviewees pursue their work. Interviewees describe managing formal and informal agreements outlining the nature and scope of distribution. These agreements vary, from free and promiscuous sharing to circumscribed and discriminating price schemes. The propertization of the work (protecting it through exclusivity) is sometimes a precondition to fulfilling distribution goals, which include: earning a living, building relationships, sustaining professional autonomy and challenging core competencies. But interviewees describe how relaxed distribution networks satisfy most personal and professional goals. Indeed, strictly controlling dissemination – what IP law provides – is only one distributional method and not the most common. This chapter analyzes the interviews for accounts of the many forms dissemination takes and the reasons for engaging in it, unpacking the relationships between exclusive rights to distribution on the one hand and dissemination as a form of professional and personal success on the other. Conclusion: Conclusion chapter abstractThe book closes with a summary of how U.S. intellectual property regimes are misaligned with the needs of and hopes for those engaging in creative and inventive work. It further suggests reasons for and ways that the IP system should remain misaligned: to promote choice and flexibility for creators and innovators (whether or not they own or claim IP rights). But the conclusion also suggests places in our IP system where some relaxation of our IP system might usefully occur in order to facilitate core concerns of IP-rich fields and their audience as accounted for in the interview data.

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Book SynopsisThe intersection of Western intellectual property law and traditional knowledge in Africa.Trade Review"Boatema Boateng’s use of life histories to humanize discussions of law, policy, and the exigencies of modernity is as refreshing as the wide analytical net she casts to include the North American African diaspora and reflect upon key concerns such as cultural nationalism on both sides of the Atlantic." —Kwasi Konadu, City University of New York"This fine-grained historical and ethnographic inquiry into the social life of Ghanaian textiles is–quite simply and by several degrees of magnitude–the best study anywhere of how Western tropes of intellectual property fail to grasp the complexity of systems in which the traditional arts are practiced today. It tells a cautionary tale with urgent implications for IP scholarship, and it should be required reading for policy-makers in world capitals and at international organizations." —Peter Jaszi, American UniversityTable of ContentsIntroduction: Indexes of Culture and Power 1. The Tongue Does Not Rot: Authorship, Ancestors, and Cloth 2. The Women Don’t Know Anything! Gender, Cloth Production, and Appropriation 3. Your Face Doesn’t Go Anywhere: Cultural Production and Legal Subjectivity 4. We Run a Single Country: The Politics of Appropriation 5. This Work Cannot Be Rushed: Global Flows, Global Regulation Conclusion: Why Should the Copyright Thing Work Here? Acknowledgments Notes Bibliography Index

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Book SynopsisWith a focus on collage and appropriation art, essays exploring the legal ramifications of such practices in an age when private companies can own culture using copyright and trademark lawTrade Review“Spanning media from visual art to popular music, literature to culture jamming, this series of essays challenges the litigious environment in which copyright is used as a blunt weapon to prevent reinvention of existing works and the transformative process of reuse to inform the creative cycle of ideas. . . . Advanced undergraduates through faculty in art, art history, media studies, film, literature and music will appreciate the interdisciplinary treatment of collage.” - Cara List, ARLIS/NA Reviews“I believe this is an important book, specifically because the issues discussed affect much of our future artistic creations; as mentioned this has profound social and cultural ramifications. As such, this book should be at minimum included as a recommended text in a variety of applicable tertiary education courses. The stakes are too high to ignore the erosion of artistic freedom brought about by ignorant and greed driven application of copyright law.” - Rob Harle, Leonardo“Where the most prominent works on the subject tend to dwell on digital’s infinite capacity to reproduce and share itself freely and its current kowtowing to corporate rights management, this book begins by situating appropriation art and collage in the earlier recesses of the twentieth century with Walter Benjamin, the Surrealists, and Dada. Along the way, it touches upon zine culture, audiotape collage, street art, and new wave science fiction; it critiques the international outflows of copyright-subject culture and then it critiques the debate itself.” - Allie Curry, Rain Taxi“Communication is much like a work of art—it is a process of copying, repeating and varying what we hear. There is no originator or owner of that which shapes our very being, and Cutting Across Media demonstrates how placing restrictions on creative commentary can stifle our cultural development.”—Vicki Bennett, aka People Like Us“Reflecting both McLeod’s spirited cultural critique and Kuenzli’s interdisciplinary approach to the arts, Cutting Across Media explores diverse forms of collage and appropriation in music, painting, publishing, spoken broadcasts, poetry, and narrative. In this collage of essays, readers are challenged to rethink notions of intellectual property and to consider the complex political and cultural issues that accompany collage and appropriation aesthetics.” -- Christine Masters Jach * American Book Review *“What separates this volume from other contemporary works around sampling and intellectual property law is that research in this area rarely attempts tomarry aesthetic and political concerns so overtly. . . . [A]n edited collection that successfully manages to explore the political and artistic imperatives that inform the practice of collage and appropriation.” -- James Meese * Media International Australia *“I believe this is an important book, specifically because the issues discussed affect much of our future artistic creations; as mentioned this has profound social and cultural ramifications. As such, this book should be at minimum included as a recommended text in a variety of applicable tertiary education courses. The stakes are too high to ignore the erosion of artistic freedom brought about by ignorant and greed driven application of copyright law.” -- Rob Harle * Leonardo Reviews *“Spanning media from visual art to popular music, literature to culture jamming, this series of essays challenges the litigious environment in which copyright is used as a blunt weapon to prevent reinvention of existing works and the transformative process of reuse to inform the creative cycle of ideas. . . . Advanced undergraduates through faculty in art, art history, media studies, film, literature and music will appreciate the interdisciplinary treatment of collage.” -- Cara List * ARLIS/NA Reviews *“Where the most prominent works on the subject tend to dwell on digital’s infinite capacity to reproduce and share itself freely and its current kowtowing to corporate rights management, this book begins by situating appropriation art and collage in the earlier recesses of the twentieth century with Walter Benjamin, the Surrealists, and Dada. Along the way, it touches upon zine culture, audiotape collage, street art, and new wave science fiction; it critiques the international outflows of copyright-subject culture and then it critiques the debate itself.” -- Allie Curry * Rain Taxi *Table of ContentsI Collage, Therefore I Am: An Introduction to Cutting Across Media / Kembrew McLeod and Rudolf Kuenzli 1 Digital Mana: On the Source of the Infinite Proliferation of Mutant Copies on Contemporary Culture / Marcus Boon 24 Copyrights and Copywrongs: An Interview with Siva Vaidhyanathan / Carrie McLaren 38 Das Plagiierenwerk: Convolute Uii / David Tetzlaff 51 PhotoStatic Magazine and the Rise of the Casual Publisher / Lloyd Dunn 57 Plagiarism&reg174; 101: An Appropriated Oral History of the Tape-beatles / Kembrew McLeod 76 Ambiguity and Theft / Joshua Clover 84 Where Does Sad News Come From? / Douglas Kahn 94 Excerpts from "Two Relationships to a Cultural Public Domain" / Negativland 117 Everybody's Got Something to Hide Except for Me and My Lawsuit: William S. Burroughs, DJ Danger Mouse, and the Politics of Grey Tuesday / Davis Schneiderman 132 How Copyright Law Changed Hip-Hop: An Interview with Public Enemy's Chuck D and Hank Shocklee / Kembrew McLeod 152 Hip-Hop Meets the Avant-Garde: A Cease and Desist Letter from Attorneys Representing Philip Glass / Warner Special Products 158 Getting Snippety / Philo T. Farnsworth 160 Crashing the Spectacle: A Forgotten History of Digital Sampling, Infringement, Copyright Liberation, and the End of Recorded Music / Kembrew McLeod 164 Billboard Liberation: A Photo Essay / Craig Baldwin 178 On the Seamlessly Nomadic Future of Collage / Pierre Joris 185 Cultural Sampling and Social Critique: The Collage Aesthetic of Chris Ofili / Lorraine Morales Cox 199 Remixing Cultures: Bartók and Kodály in the Age of Indigenous Cultural Rights / Gábor Vályi 219 A Day to Sing: Creativity, Diversity, and Freedom of Expression in the Network Society / Jeff Chang 237 Visualizing Copyright, Seeing Hegemony: Toward a Meta-Critique of Intellectual Property / Eva Hemmungs Wirtén 252 Collage as Practice and Metaphor in Popular Culture / David Banash 264 Assassination Weapons: The Visual Culture of New Wave Science Fiction / Rob Latham 276 Free Culture: A Conversation with Jonathan Lethem / Kembrew McLeod 290 The Ecstasy of Influence: A Plagiarism / Jonathan Lethem 298 Bibliography 327 Contributors 341 Index 345

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Book SynopsisWith a focus on collage and appropriation art, essays exploring the legal ramifications of such practices in an age when private companies can own culture using copyright and trademark lawTrade Review“Spanning media from visual art to popular music, literature to culture jamming, this series of essays challenges the litigious environment in which copyright is used as a blunt weapon to prevent reinvention of existing works and the transformative process of reuse to inform the creative cycle of ideas. . . . Advanced undergraduates through faculty in art, art history, media studies, film, literature and music will appreciate the interdisciplinary treatment of collage.” - Cara List, ARLIS/NA Reviews“I believe this is an important book, specifically because the issues discussed affect much of our future artistic creations; as mentioned this has profound social and cultural ramifications. As such, this book should be at minimum included as a recommended text in a variety of applicable tertiary education courses. The stakes are too high to ignore the erosion of artistic freedom brought about by ignorant and greed driven application of copyright law.” - Rob Harle, Leonardo“Where the most prominent works on the subject tend to dwell on digital’s infinite capacity to reproduce and share itself freely and its current kowtowing to corporate rights management, this book begins by situating appropriation art and collage in the earlier recesses of the twentieth century with Walter Benjamin, the Surrealists, and Dada. Along the way, it touches upon zine culture, audiotape collage, street art, and new wave science fiction; it critiques the international outflows of copyright-subject culture and then it critiques the debate itself.” - Allie Curry, Rain Taxi“Communication is much like a work of art—it is a process of copying, repeating and varying what we hear. There is no originator or owner of that which shapes our very being, and Cutting Across Media demonstrates how placing restrictions on creative commentary can stifle our cultural development.”—Vicki Bennett, aka People Like Us“Reflecting both McLeod’s spirited cultural critique and Kuenzli’s interdisciplinary approach to the arts, Cutting Across Media explores diverse forms of collage and appropriation in music, painting, publishing, spoken broadcasts, poetry, and narrative. In this collage of essays, readers are challenged to rethink notions of intellectual property and to consider the complex political and cultural issues that accompany collage and appropriation aesthetics.” -- Christine Masters Jach * American Book Review *“What separates this volume from other contemporary works around sampling and intellectual property law is that research in this area rarely attempts tomarry aesthetic and political concerns so overtly. . . . [A]n edited collection that successfully manages to explore the political and artistic imperatives that inform the practice of collage and appropriation.” -- James Meese * Media International Australia *“I believe this is an important book, specifically because the issues discussed affect much of our future artistic creations; as mentioned this has profound social and cultural ramifications. As such, this book should be at minimum included as a recommended text in a variety of applicable tertiary education courses. The stakes are too high to ignore the erosion of artistic freedom brought about by ignorant and greed driven application of copyright law.” -- Rob Harle * Leonardo Reviews *“Spanning media from visual art to popular music, literature to culture jamming, this series of essays challenges the litigious environment in which copyright is used as a blunt weapon to prevent reinvention of existing works and the transformative process of reuse to inform the creative cycle of ideas. . . . Advanced undergraduates through faculty in art, art history, media studies, film, literature and music will appreciate the interdisciplinary treatment of collage.” -- Cara List * ARLIS/NA Reviews *“Where the most prominent works on the subject tend to dwell on digital’s infinite capacity to reproduce and share itself freely and its current kowtowing to corporate rights management, this book begins by situating appropriation art and collage in the earlier recesses of the twentieth century with Walter Benjamin, the Surrealists, and Dada. Along the way, it touches upon zine culture, audiotape collage, street art, and new wave science fiction; it critiques the international outflows of copyright-subject culture and then it critiques the debate itself.” -- Allie Curry * Rain Taxi *Table of ContentsI Collage, Therefore I Am: An Introduction to Cutting Across Media / Kembrew McLeod and Rudolf Kuenzli 1 Digital Mana: On the Source of the Infinite Proliferation of Mutant Copies on Contemporary Culture / Marcus Boon 24 Copyrights and Copywrongs: An Interview with Siva Vaidhyanathan / Carrie McLaren 38 Das Plagiierenwerk: Convolute Uii / David Tetzlaff 51 PhotoStatic Magazine and the Rise of the Casual Publisher / Lloyd Dunn 57 Plagiarism&reg174; 101: An Appropriated Oral History of the Tape-beatles / Kembrew McLeod 76 Ambiguity and Theft / Joshua Clover 84 Where Does Sad News Come From? / Douglas Kahn 94 Excerpts from "Two Relationships to a Cultural Public Domain" / Negativland 117 Everybody's Got Something to Hide Except for Me and My Lawsuit: William S. Burroughs, DJ Danger Mouse, and the Politics of Grey Tuesday / Davis Schneiderman 132 How Copyright Law Changed Hip-Hop: An Interview with Public Enemy's Chuck D and Hank Shocklee / Kembrew McLeod 152 Hip-Hop Meets the Avant-Garde: A Cease and Desist Letter from Attorneys Representing Philip Glass / Warner Special Products 158 Getting Snippety / Philo T. Farnsworth 160 Crashing the Spectacle: A Forgotten History of Digital Sampling, Infringement, Copyright Liberation, and the End of Recorded Music / Kembrew McLeod 164 Billboard Liberation: A Photo Essay / Craig Baldwin 178 On the Seamlessly Nomadic Future of Collage / Pierre Joris 185 Cultural Sampling and Social Critique: The Collage Aesthetic of Chris Ofili / Lorraine Morales Cox 199 Remixing Cultures: Bartók and Kodály in the Age of Indigenous Cultural Rights / Gábor Vályi 219 A Day to Sing: Creativity, Diversity, and Freedom of Expression in the Network Society / Jeff Chang 237 Visualizing Copyright, Seeing Hegemony: Toward a Meta-Critique of Intellectual Property / Eva Hemmungs Wirtén 252 Collage as Practice and Metaphor in Popular Culture / David Banash 264 Assassination Weapons: The Visual Culture of New Wave Science Fiction / Rob Latham 276 Free Culture: A Conversation with Jonathan Lethem / Kembrew McLeod 290 The Ecstasy of Influence: A Plagiarism / Jonathan Lethem 298 Bibliography 327 Contributors 341 Index 345

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Book SynopsisDraws on interviews with more than 100 musicians, managers, lawyers, journalists, and scholars to critique the music industrys approach to digital sampling.Trade Review“[A] very readable layman’s guide to the legal framework underpinning the American sampling regime. . . . [A] great addition to the growing library of works showing that the endless addition of expanded property rights does nothing to ‘promote the progress’ of music, stifles expression and serves only to let Jimmy Page buy another Aleister Crowley first edition.” - Peter Shapiro, The Wire“Do you ever listen to records like the Beastie Boys' Paul’s Boutique or Public Enemy’s Fear of a Black Planet and wonder why they sound so different from today’s hip-hop? It turns out one of the biggest reasons may be copyright law. . . . McLeod and DiCola always keep an eye on the bigger picture. They are as interested in the cultural as the legal, and the book succeeds greatly in broad terms as a history of music sampling.” - John McLeod, Flagpole“Creative License is for musicians, music fans and anyone interested in the history of hip-hop, sampling, and mash-ups, as well as for those who are curious about the evolution of US copyright and licensing laws. It’s also incredibly timely, given the present climate of our musical culture, when the internet has made sampling—in every medium—a way of life.” - Christel Loar, PopMatters“Creative License is recommended not just for music geeks or music business geeks, but for anyone interested in law, the arts or both. Well written and treated with care, McLeod and DiCola’s work should be read on college campuses around the country.” - Stephon Johnson, Amsterdam News“Creative License is a fantastic and deep look at the business, art, culture, ethics, history and future of musical sampling. The authors—respected academics/writers/filmmakers—undertook to interview a really amazingly wide spectrum of people involved in music production, and what emerges is a clear picture of how legal rulings, historical accidents, musical history, good intentions, naked greed, and conflicts of all kind came to produce our current, very broken system for musical sampling. . . . It's a fascinating and important read.” - Cory Doctorow, Boing-Boing“Readers whose experience started with ‘Can’t Touch This,’ matured with The Gray Album and ended with All Day can expect to have their knowledge substantially broadened. Music junkies, intellectual property lawyers and cultural critics will journey into ‘enemy’ territory. The authors give voices and personalities to sampling artists, holders of publishing and reproduction rights, and the sampled artists who have become a natural resource for the other two groups.“ - David A.M. Goldberg, Honolulu Weekly“Kembrew McLeod and Peter DiCola have written a masterful exploration of the complex creative, financial, and legal issues raised by digital sampling. Their book should be required reading for anyone with a serious interest in music copyright.”—Jessica Litman, author of Digital Copyright“The fact that a seemingly simplistic artistic notion—of collecting, meshing, and arranging previously recorded sounds—would eventually result in a sharp and comprehensive book, Creative License, and companion film, Copyright Criminals, is mind boggling. This study is a work of art in itself, so solid that it may leave no other choice but to be sampled as well.”—Chuck D, co-founder of Public Enemy“Creative License provides a solid explanation of music copyright process and practice and the law for anyone from the legal novice to the full-time music lawyer.” -- Eric Farber * California Lawyer *“A methodical yet accessible exploration that addresses concerns from several perspectives and invites spirited discussion. Essential for students of intellectual property law, aspiring recording artists or producers, and hip-hop history buffs.” -- Neil Derksen * Library Journal *“With the high-cost, litigation-aware environment that has emerged around the art of sampling, many artists simply won’t sample any more. As the authors of this excellent book acknowledge. . . . This is not simply a book for people with an interest in hip hop production. It is a must for anyone who is interested in copyright stories so absurd that they reveal the contradictions and tensions at play when unclear and convoluted laws put creativity and commerce on a collision course.” -- Martin James * Times Higher Education *“Creative License is a fantastic and deep look at the business, art, culture, ethics, history and future of musical sampling. The authors—respected academics/writers/filmmakers—undertook to interview a really amazingly wide spectrum of people involved in music production, and what emerges is a clear picture of how legal rulings, historical accidents, musical history, good intentions, naked greed, and conflicts of all kind came to produce our current, very broken system for musical sampling. . . . It's a fascinating and important read.” -- Cory Doctorow * Boing-Boing *“Creative License is for musicians, music fans and anyone interested in the history of hip-hop, sampling, and mash-ups, as well as for those who are curious about the evolution of US copyright and licensing laws. It’s also incredibly timely, given the present climate of our musical culture, when the internet has made sampling—in every medium—a way of life.” -- Christel Loar * PopMatters *“[A] very readable layman’s guide to the legal framework underpinning the American sampling regime. . . . [A] great addition to the growing library of works showing that the endless addition of expanded property rights does nothing to ‘promote the progress’ of music, stifles expression and serves only to let Jimmy Page buy another Aleister Crowley first edition.” -- Peter Shapiro * The Wire *“Do you ever listen to records like the Beastie Boys' Paul’s Boutique or Public Enemy’s Fear of a Black Planet and wonder why they sound so different from today’s hip-hop? It turns out one of the biggest reasons may be copyright law. . . . McLeod and DiCola always keep an eye on the bigger picture. They are as interested in the cultural as the legal, and the book succeeds greatly in broad terms as a history of music sampling.” -- John McLeod * Flagpole *“Readers whose experience started with ‘Can’t Touch This,’ matured with The Gray Album and ended with All Day can expect to have their knowledge substantially broadened. Music junkies, intellectual property lawyers and cultural critics will journey into ‘enemy’ territory. The authors give voices and personalities to sampling artists, holders of publishing and reproduction rights, and the sampled artists who have become a natural resource for the other two groups.“ -- David A.M. Goldberg * Honolulu Weekly *“Creative License is recommended not just for music geeks or music business geeks, but for anyone interested in law, the arts or both. Well written and treated with care, McLeod and DiCola’s work should be read on college campuses around the country.” -- Stephon Johnson * Amsterdam News *“As someone who has studied the subject of digital sampling at some length, I am impressed with and grateful for this book by Kembrew McLeod and Peter DiCola. I am delighted to recommend Creative License, an engaging, provocative, and thoroughly researched study of a practice that is equally celebrated, maligned, and misunderstood.” -- Mark Katz * ARSC Journal *“A smart, impeccably researched, clearly written book that guides the reader through the murky quagmire of musical copyright law and normative industry practices with wit and style.” -- Gilbert B. Rodman * Cultural Studies *Table of ContentsAcknowledgments vii Introduction 1 1. The Golden Age of Sampling 19 2. A Legal and Cultural History of Sound Collage 36 3. The Competing Interests in Sample Licensing 75 4. Sampling Lawsuits: Hip-Hop Goes to Court 128 5. The Sample Clearance System: How It Works (and How It Breaks Down) 148 6. Consequences for Creativity: An Assessment of the Sample Clearance System 187 7. Proposals for Reform 217 Conclusion 258 Appendix 1: Interviewee List 269 Appendix 2: Interview Questions 273 Notes 283 Bibliography 303 Index 313

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