In a recent post on Techdirt, Parker Higgins plays a somewhat familiar refrain when he blames copyright for causing a general extinction—or inaccessibility—of various works. Describing a kind of dark ages for researchers, historians, and journalists— whether amateur, student, or professional—Higgins presumes to draw a very big conclusion in a very short post and consequently begs more questions than he ...
What do a bunch of puppies, a pretty woman, a dancing baby, Demi Moore, some Rastafarians, and 20 million books all have in common? They all refer to prominent, copyright-related cases* from which a content creator could—if he has nothing better to do—learn something about fair use doctrine. But even if an independent artist were to study Rogers v Koons ...
Given the way information tends to distort at lighting speed these days—particularly through the filter of tech v copyright referenced in my last post—I’m not surprised to read articles like this one by Ellen Duffer writing for Forbes on a thesis proposing reasons why Google Books is “good for publishers.” And it’s not that everything she says is incorrect so ...
View image | gettyimages.com With the release this month of Netflix’s first official feature film Beasts of No Nation, the rental-turned-streaming service continues to prove itself a fierce competitor in the filmed entertainment industry—not only as a producer of award-winning projects, but as the preeminent, game-changing distributor having a dramatic influence on both traditional distribution models and viewer habits. This ...
In Part I of this essay, I argued that although Shakespeare’s plays do comprise myriad precedent works, his biography and manner of production provide little guidance for a conversation about the role of modern copyright as it relates to derivative works and the need to build upon existing works. And when it comes to skepticism about the incentive role of ...
