In yesterday's New York Times, a lawyer named Michael Rips presented a piece entitled "Fair Use, Art, Swiss Cheese and Me" about the artist DavideSalle's use of a picture of him. He ends:It is David Salle and the artistic movement with which he is associated, and to which he has greatly contributed, that give value … Continue reading Constricting Art Through "Ownership"
An Australian musician named Dan Beazley has written a nice essay on music "piracy" that reminds me once again how we have allowed corporate copyright defenders define the debate over "intellectual property." Beazley writes:Music fans who colonise the world wide web have embraced the remixing, curative, collaborative and sharing capabilities of Web 2.0 Technologies. They are motivated … Continue reading Perhaps It’s the Terms that Are the Culprits
In its next term, the Supreme Court will take up the case Supap Kirtsaeng v. John Wiley & Sons where Kirtsaeng purchased Wiley textbooks at their low price in Thailand, shipped them to the US, and resold them. While I do think that Wiley is overstepping its copyright prerogatives (if they want to stop this sort … Continue reading The ‘First Sale’ Conundrum and Intellectual Property
In one of my chapters, "Intellectual Property in a Digital Age," of Robert Leston's and my book Beyond the Blogosphere: Information and Its Children, I write:The laws and economic models in use today do not reflect... changing realities of either IP [Intellectual Property] or of the possibilities of copying. At some point, in law at … Continue reading Stealing a Copy?
As David Gosser's comment on my post yesterday indicates, there are already a number of possibilities online that can be used by and for new types of academic journals--and people are taking advantage of them. The problem lies in finding an audience, in getting the necessary eyes and necessary responses, the two things that make … Continue reading Remodeling Academic Journals
It's appropriate to contemporary discussions of the ownership of Intellectual Property (IP) that Isaac Newton's famous "If I have seen a little further it is by standing on the shoulders of Giants" was not original (it goes back, in England, at least to John of Salisbury in the 12th century). What's perplexing is that we … Continue reading On the Shoulders
In his column "Steal This Column" in today's New York Times, Bill Keller quotes Sandra Day O'Connor on copyright and the Constitution (from a decision I also quote, in my chapter on Intellectual Property in Beyond the Blogosphere). The quote, though, deals with only one side of the question, protection of Intellectual Property through law … Continue reading Theft of Intellectual Property: Defining the Debate
We forget, in our discussions of piracy of Intellectual Property, that those complaining loudest about piracy are pirates themselves.Or, at least, are the descendants of pirates, still profiting by the piracy of their ancestors.The initial patent and copyright laws in England, in the 17th and 18th centuries, allowed for "ownership" for a period of 14 … Continue reading SOPA and PIPA: Who Are the Pirates?
There's not much I want to add to this today, except to applaud those sites going black to draw attention to what happens when we constrict the commons, as we have been doing slowly over the past two centuries, expanding copyright protections and contracting just what one can do in terms of new creative work.The … Continue reading SOPA, PIPA, and the Strangling of Creativity
Some time back, I posted a few comments along with a quote from Jacques Barzun--including one factual error and, in the quote, a bit of mistyping. Someone connected to the scholar quickly contacted me and corrected me. I thanked him and made the changes; that kind of vigilance is useful to all of us.But that … Continue reading Commodification of Intellectuals