Re: Author's Rights

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Fri, 12 Apr 1996 07:50:25 -0600

On 4/10/96, Martha Luehrmann" <Martha_Luehrmann[_at_]macmail2.lbl.gov> wrote:

>

> On 4/9/96 Jeff Ankrom wrote:
>
> Our problem today is that technology has once again outstripped our
> means of protecting the rights to creative works. We cannot go back
> to the technologically dependent methods of protecting creative works
> that existed pre-1710. In fact, new technological advances have made
> it necessary for us to once again rethink how we can give a measure
> of protection to the creators, while not stifling public access to
> the works. We need some way to control and charge for minor uses of
> materials or portions of materials, like picking up a quote off the
> internet, playing a soundbite, running a piece of software, or showing
> some or all of a picture.

I personally don't see the problem. Most of the above are already potentially copyright infringements. What more do you want? Double copyright infringement? Triple?

This reminds me in a way of the NII White Paper debate. Lehman and the content providers are pushing very hard for increased protection due to run away technology. Many others are pushing the other way based on a belief that stuff that never used to be infringing, now potentially is.

For example, it used to be that I could send you a letter. You could do anything you wanted with the letter short of putting it in a book and publishing the book, all under the first sale doctrine. Now I get to control a lot of future uses of the letter based on the fact that you now must make potentially infringing "copies" of the work in order to read it, to loan it to a friend to read, etc. And of course first sale only applies to that first copy.

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The preceding was not a legal opinion, and may not be my employer's. Original portions Copyright 1996 Bruce E. Hayden My work may be copied in whole or part, with proper attribution, as long as the copying is not for commercial gain.

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Bruce E. Hayden                                bhayden[_at_]acm.org               
Austin, Texas                                  bhayden[_at_]copatlaw.com

Received on Fri Apr 12 1996 - 12:46:18 GMT