Copyfraud and Other Abuses of Intellectual Property Law [Hardcover]

Jason Mazzone (Author)

Book Description

Publication Date: October 5, 2011

Intellectual property law in the United States is on the verge of breakdown and needs to be reformed--but, according to law professor Jason Mazzone, the author of Copyfraud and Other Abuses of Intellectual Property Law, not for the reasons given by most critics.  Most Americans are familiar with the problems of illicit downloading and stolen software. But in this compulsively readable book, Mazzone argues that these familiar problems mask a greater threat to creativity and commerce--the ever-growing overreaching by publishers, producers, artists and corporations that claim stronger ownership rights than the law gives them.  

 As Mazzone argues, something is wrong in a society where:

·      Comics can be sued for making fun of Barbie
·      The Hells Angels stop production of Hollywood movies by charging misappropriation of images
·      Major League Baseball announces it can stop any human being from even describing a baseball game
·      Starbucks convinces customers that they don't have the right to take photos in coffee shops
·      Electronic book and music distributors are stripping away the entire idea of ownership
·      Universities spend millions of dollars each year requesting permission to reproduce public domain works by long dead authors.

Mazzone shows how growing abuse of intellectual property law has been abetted by confusion, unclear legal standards, outmoded law and economic bullying--and he illustrates the pervasive cost of these abuses.  Finally, he introduces specific measures by which we can cure these problems.

Erudite, surprising and accessible, Copyfraud and Other Abuses of Intellectual Property Law is a breakthrough title that will change forever how we look at creativity, law and commerce.  


ISBN: 9780804760065

Editorial Reviews

Review

"I highly recommend this long-awaited and important book."--Lawrence B. Solum, Legal Theory Blog

"A reasoned, calm manifesto for reform; the trouble is that it's easier for the little guy to pay a ransom than to fight in court. A must-read for all content creators."--Library Journal

"Yo, this engaging book isn't afraid to expose some of the music industry's most widespread 'dirty little secrets.' Although the Copyright System has its roots in the U.S. Constitution and is designed to promote and reward creativity on an 'honor' system, the Copyright Laws themselves have been hijacked and exploited by less than honorable people. If you are a musician or songwriter, read this book to avoid becoming yet another victim."—George Clinton

"Jason Mazzone powerfully crystallizes a set of digital copyright problems not focused on infringement by the public, but rather overreaching by copyright holders. He makes a crucial contribution to a framework for shoring up the governance of bits in the digital age: the formidable powers of intellectual property should be matched by proper policing of its boundaries."—Jonathan Zittrain, Harvard University, author of The Future of the Internet—And How to Stop It

"Jason Mazzone masterfully shows the astonishing ways in which content industries misuse their intellectual property rights—and how to rein them in. This book will transform debates about balancing private property with public access to information in the digital age. A must read for anyone who cares about the future of creativity."—Jimmy Wales, Founder of Wikipedia

About the Author

Jason Mazzone has taught intellectual property law and constitutional law at Brooklyn Law School since 2003; he is the youngest faculty member in the school's history to hold an endowed chair. A renowned legal scholar, Mazzone has written about legal issues for the New York Times and other national newspapers, and he is a regular media commentator and a blogger at the popular legal blog, Balkinization. He received his undergraduate and law degrees from Harvard University, a master's degree from Stanford University, and a master's and doctorate from Yale University. Before entering academia, he was a law clerk to two federal judges and he practiced intellectual property law in New York City.

Product Details

• Hardcover: 312 pages
• Publisher: Stanford Law Books (October 5, 2011)
• Language: English
• ISBN-10: 0804760063
• ISBN-13: 978-0804760065
• Product Dimensions: 6 x 1.1 x 9 inches
• Shipping Weight: 1 pounds (View shipping rates and policies)
• Average Customer Review: 4.8 out of 5 stars  See all reviews (10 customer reviews)
• Amazon Best Sellers Rank: #598,502 in Books (See Top 100 in Books)

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Most Helpful Customer Reviews

5 of 5 people found the following review helpful

5.0 out of 5 stars Read this book. November 8, 2011

By Dolores Caviglia

Format:Hardcover

This is a great read. Like most people, I knew nothing about copyright law before I read this book . . . except that I likely violate it by using BitTorrent and by "disseminating" accounts of baseball games without the express written consent of major league baseball. Apparently, according to Mazzone, only one of those is unlawful.

Mazzone's book is about Copyfraud: falsely claiming copyright ownership of another's creative works. Given all the crying by record and production companies about piracy, who knew that they were stealing, too? This book is an eyeopening account of false copyright claims and what can be done to remedy a bad situation. Especially in light of the Tea Party and Occupy Wall Street movements, it is shocking to think that it's easier to punish a high school student for illegally downloading a song than the record company for illegally claiming to own it.

This is a must read--not just for artists, photographers, musicians, and writers--but for ordinary folk like me who enjoy a great piece of nonfiction and care about preserving my rights.

1 of 1 people found the following review helpful

5.0 out of 5 stars A wonderful read and a worthy contribution to the IP literature January 18, 2012

By Frank A. Pasquale III

Format:Hardcover

Very important book, especially as Congress is considering expanding the already extensive powers of copyright owners.

Intellectual property commentary has not spent enough time on the fact of IP overenforcement as it confronts users. Mazzone's book highlights an underappreciated problem of rights fabrication that threatens to become a form of private legislation. If the intellectual property system is to genuinely promote innovation and creativity, it will need to address the problems he describes. Mazzone's policy recommendations are wise and often original, both recognizing and building on a large law review literature on IP reform.

There are many works that critique copyright overenforcement, but none frames the issue in the way that Mazzone does. Moreover, his closing arguments present a uniquely level-headed and persuasive account of the policy changes that could improve matters.

Mazzone hits the "sweet spot" between sparse summary and prolix pontification. Mazzone is a gifted writer who can make an argument about even dry topics move briskly and engagingly. Overall, a wonderful read and a worthy contribution to the IP literature.

1 of 1 people found the following review helpful

5.0 out of 5 stars Great read for all content creators, entrepreneurs, and lawyers alike December 6, 2011

By MDS

Format:Hardcover

Brooklyn Law Professor Jason Mazzone has created a wonderful guide and overview to intellectual property and its uses and abuses. Any participant in today's content-centric world needs to understand the concepts that he discusses. He makes strong cases for reform and reminds us how intellectual property can be so easily misused and abused.I have read other legal books and found them too legal-esque. Mazzone makes the subject accessible and understandable to the non-lawyer. I highly recommend this book for anyone concerned about creating content -- musicians, entrepreneurs, writers, and others.