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Topic: The Uneasy Case for Copyright

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	Stanford Copyright & Fair Use Williams & Wilkins Co. v. United States, 487 F.2d 1345, aff'd by an equally divided ...
		Copyright is not primarily for the benefit of the author, but is primarily for the benefit of the public.
		The copyright law makes reward to the copyright owner a secondary consideration, and the courts in passing upon particular claims of infringement must occasionally subordinate the copyright holder's interest in a maximum financial return to the greater public interest in the development of art, science and industry.
		Copyright Except as otherwise provided in the conditions of the award, when publications result from work supported by the Public Health Service, the author is free to arrange for copyright without approval.
	fairuse.stanford.edu /primary_materials/cases/c487F2d1345.html (15057 words)

	NEW YORK TIMES CO INC v TASINI - Legal Case Documents (Site not responding. Last check: 2007-10-08)
		This case raises an issue of first impression concerning the meaning of the word "revision" as used in §201(c) of the 1976 revision of the Copyright Act of 1909 (1976 Act).
		Although pre-1976 copyright law recognized the author's copyright in an individual article that was included within a collective work, those rights could be lost if the publisher refused to print the article with a copyright notice in the author's name.
		This copyright case concerns the rights of freelance authors and a presumptive privilege of their publishers.
	www.legalcasedocs.com /120/243/696.html (1810 words)

	Annotated Bibliography for The New York Times v. Tasini
		Written while Congress was considering the first major revision of the Copyright Act of 1909, this article examines the moral and economic rationale for copyright in books and considers proposals that would lengthen the term of protection and increase its scope in relation to photocopies and computer programs.
		He concludes that copyright should not be abolished but argues that its extension is unnecessary and would be harmful.
		Gordon argues that the publishers infringed on the contributors' copyrights because the articles in question were not revisions.
	ils.unc.edu /~nassk/inls110/biblio.html (1771 words)

	law.com - High Court Ponders Copyright Extension Battle
		First, Lessig said that by extending copyrights to 70 years beyond an author's death, and to 95 years for copyrights held by corporations, Congress in effect granted copyright "without limit." A limit is not a limit, Lessig said, if an extension is given every time authors go to Congress to ask for one.
		Lessig's second copyright clause argument was aimed at the retrospective application of the law to existing copyrights.
		Congress was entitled to pass the law, Olson said, as a way to combat copyright piracy and to meet treaty obligations and "numerous objectives that are entirely legitimate." Justices Souter, Scalia and Breyer seemed to be assuaged by the argument.
	www.law.com /jsp/article.jsp?id=1032128711781 (978 words)

	League for Programming Freedom - Interface Copyright Fallacies
		In short, copyright is but one small part of a much larger body of federal and state law that serves a variety of important policies.
		In the case of the Chrysler minivan, the particular implementation of the idea seems to be as significant as the basic idea itself.
		The fact is that for most copyrighted works, it is impossible to speak intelligently about their "ideas" as distinguished from their "expressions."[52] Not only is it impossible to make this distinction for many works; it is not necessary to do so.
	lpf.ai.mit.edu /Copyright/laf-fallacies.html (4812 words)

	Escape from Copyright
		Until recently, copyright owners would probably have found [exiting from copyright] an unattractive alternative, precisely because there were some types of conduct that copyright could reach but contract could not, and because the remedies for copyright infringement were so much stronger.
		In the first place, because § 301(a) of the Copyright Act preempts only "legal or equitable rights that are equivalent" to those established by the statute,[n256] a common law cause of action that alleges an element not required for a showing of copyright infringement will escape preemption under that section.
		In addition to the effects of copyright owners "preempting preemption"[n307] and of courts enjoining copyright misuse,[n308] authors can find themselves former copyright owners because the term of their statutory rights has expired,[n309] or simply because they choose to dedicate their works to the public domain.
	www.tomwbell.com /writings/(C)Esc.html (16013 words)

	Copyright (Site not responding. Last check: 2007-10-08)
		A public-wiki has been installed by Downhill Battle to build a copyright curriculum called Copyright Curriculum for teachers to download and use in their classrooms.
		Copyright Curriculum (public wiki of a comprehensive view on copyright for students)
		The Design & Artists Copyright Society - A not-for-profit organisation founded by artists to protect and promote their copyright.
	www.worldhistory.com /wiki/C/Copyright.htm (4654 words)

	FindLaw's Writ - Sprigman: The Mouse That Ate The Public Domain
		Disney's copyright on Mickey Mouse, who made his screen debut in the 1928 cartoon short "Steamboat Willie," was due to expire in 2003, and Disney's rights to Pluto, Goofy and Donald Duck were to expire a few years later.
		John Deere Co., where it held that the "qualified authority" that the Copyright Clause grants "is limited to the promotion of advances in [science and] the 'useful arts'." In contrast, the copyright grant is not itself the enumerated power; it is merely the instrument through which progress may be realized.
		Correspondence between Jefferson and Madison regarding the drafting of the Copyright Clause evidences the same concern: both men classify copyrights and patents as "monopolies" sufferable only for limited periods, and only for the purpose of incenting invention.
	writ.news.findlaw.com /commentary/20020305_sprigman.html (1935 words)

	Intellectual Property & New Info Technology
		Copyright ruling is a ripoff of consumers, Dan Gillmore, San Jose Mercury News columnist, January 16, 2003
		The recommendations in the White Paper were formed into legislation which wended their way through Congress and were subjected to intense lobbying by representatives of the Publishing and Entertainment industries on one side, and the library and education communities on the other side.
		The Copyright Grab, Pam Samuelson's commentary on the NII White Paper in Wired 4.01, Jan. 1996.
	www.gseis.ucla.edu /~howard/Copyright (5656 words)

	Yale Information Society Project
		He graduated from Harvard Law School in 2003, and is the author of The Uneasy Case for Copyright Extension, Harvard Journal of Law and Technology, vol.
		Daniel Benoliel is a Visiting Fellow with the Information Society Project and a J.S.D. candidate at UC Berkeley School of Law, under the guidance of Professor Mark Lemley.
		He has written on technological standard setting, DRM regulation and on-line privacy and is currently writing his dissertation on the impact of technological change on copyright legislation and adjudication.
	islandia.law.yale.edu /isp/visiting_fellows.htm (540 words)

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