Archive for the ‘fair use’ Category

Copyright First Principles

Friday, February 12th, 2010 by Patrick Ross

While snowbound this week I read some pieces in The Washington Post about condescension. The first author wrote a piece titled “Why are liberals so condescending?” He maintained that liberals are “committed to the proposition that their views are correct, self-evident, and based on fact and reason, while conservative positions are not just wrong but [...]

Your Copyrights Bad, My Copyrights Good

Monday, September 21st, 2009 by Patrick Ross

One truism about copyright is that one person’s inconvenience is another person’s absolute must. Passions brew on both sides, this is not new. What is interesting is when people switch sides.
One recent example of this involves attorneys Joe Sibley and Kiwi Camara. You may remember these two as the defenders of Jammie Thomas in her [...]

The Market Challenges for Individual Artists

Tuesday, August 18th, 2009 by Patrick Ross

A recurring theme in criticism of copyright is that this isn’t really about individual creators. They are merely victims of The Man. Distributors use their market power to maximize profit, and that comes at the expense of creators.
Okay. Any individual creator, unless they occupy the far left of the Pareto Curve up where massive profits [...]

Fight for Your (Perceived) Rights!

Tuesday, August 18th, 2009 by Patrick Ross

Building on my last post, which focused on the “exclusive right” granted by the first U.S. Congress to authors and inventors, as guided by the U.S. Constitution, let me address briefly the rights that users of creative works often claim for themselves. I am an avid consumer of creative works myself, and understand that it’s [...]

Promoting the Useful Arts

Monday, August 17th, 2009 by Patrick Ross

One of the wonderful things about the U.S. Constitution is that it gives lawmakers and judges discretion in application of law. Even strict constructionists have to admit that their interpretation of original intent is in fact an interpretation. I mention this to address the varying interpretations of the Progress Clause — the origin of current [...]

Photographers: Understand the Value of your Images

Thursday, August 13th, 2009 by Lucinda M. Dugger

I had lunch last week with Washington, DC-based photographer, instructor, and copyright advocate Sam D’Amico who told me that he discusses copyright with his students on the first day of class. He urges his students to think for themselves about the issue and presents them with this scenario:
If you were completely out of money and [...]

Lichtman: Everyone Hates DRM

Friday, June 26th, 2009 by Patrick Ross

UCLA Law Professor Doug Lichtman has a new essay (posted by The Media Institute) and podcast on a topic that seems obvious on its face: Everyone Hates DRM. That is mostly true, at least from a consumer standpoint. But that doesn’t mean it still isn’t relevant in today’s society, and I Lichtman understands that as [...]

Fair Use and Campbell v. Acuff-Rose

Thursday, June 4th, 2009 by copyright

Greetings! My name is Meg and I am one of the summer interns here at Copyright Alliance. One of the best things about living and working in Washington, D.C. is having the chance to attend some of the numerous events and activities held in the area. This [...]

Canard Number 11 — Owning Facts

Monday, April 13th, 2009 by Patrick Ross

A few months back I wrote a series of blog posts compiled into a paper attacking ten common myths, or canards, about copyright. One I didn’t address, because it seemed obviously false, is “Copyright is an attempt to lock down facts.” Uh, no. Facts are not copyrightable. But expressions are. A website publisher in a [...]

Whacking Infringement

Thursday, April 2nd, 2009 by Patrick Ross

Have you ever played Whack-a-Mole? Satirist Bob Ricci* has a song about a child savant Whack-a-Mole player not unlike The Who’s Pinball Wizard. I picture that young genius with an odd selection of specialty when I think about user-generated online posts that infringe on another’s work.
This goes beyond the fact that the law entitles creators [...]


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