Struggle between free expression and copyright

The first part of 2008 will see an intriguing new publication by UCLA law prof Neil Netanel. Netanel is interested in concrete first amendment issues which the present copyright regime presents to the creators of culture. The text is entitled Copyright's Paradox: Property in Expression/Freedom of Expression (Oxford University Press, May 2008). The Krisostomus website contained this description:

• The United States Supreme Court famously labeled copyright "the engine of free expression" because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today's greatly expanded copyright law often does the opposite--it can be used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech concerns, revealing how copyright law can impose unacceptable burdens on speech. Netanel provides concrete illustrations of how copyright often prevents speakers from effectively conveying their message, tracing this conflict across both traditional and digital media and considering current controversies such as the YouTube and MySpace copyright infringements, Hip-hop music and digital sampling, and the Google Book Search litigation.The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these developments and others, copyright still serves as a vital engine of free expression and he assesses how copyright does--and does not--burden speech. Taking First Amendment values as his lodestar, Netanel argues that copyright should be limited to how it can best promote robust debate and expressive diversity, and he presents a blueprint for how that can be accomplished. Copyright and free speech will always stand in some tension. But there are ways in which copyright can continue to serve as an engine of free expression while leaving ample room for speakers to build on copyrighted works to convey their message, express their personal commitments, and fashion new art. This book shows us how.

Cyberlawyer goes after a corrupt system

The Economist features an article on Lawrence Lessig, pioneering expert in alternatives to traditional copyright and the founder of Creative Commons. The article links Lessig's interest in reforming copyright to his current focus on corruption in politics and offers a concise biogrpahical overview of Lessig's career to date.

Copyright Reform proposals

Samuelson, Pamela, "Preliminary Thoughts on Copyright Reform" . Utah Law Review, 2007 Available at SSRN: http://ssrn.com/abstract=1002676

Pamela Samuelson, co-director of the Berkeley Center for Law and Technology, has authored an interesting paper on possible directions for copyright reform. With reform she proposes to fix current problems, such as that of orphan works which is very important for film makers and other creators. She also discusses the possibility of drafting a model copyright act which would have to face the issues of either being “US-centric” or more internationally neutral. She also has a podcast on "Open Source Development and Distribution of Digital Information."

Illustrated History of Copyright

In you want to learn about the history of copyright in an amusing yet clear way, with lots and lots of great illustrations, check out The Illustrated Story of Copyright by Edward Samuels. It is available free over the net, including all of the images and photos.