- Hardcover: 311 pages
- Publisher: Stanford Law Books; 1 edition (October 5, 2011)
- Language: English
- ISBN-10: 0804760063
- ISBN-13: 978-0804760065
- Product Dimensions: 5.5 x 1 x 8.5 inches
- Shipping Weight: 1 pounds (View shipping rates and policies)
- Average Customer Review: 12 customer reviews
- Amazon Best Sellers Rank: #1,897,427 in Books (See Top 100 in Books)
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Copyfraud and Other Abuses of Intellectual Property Law 1st Edition
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"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
"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)
"Jason Mazzone's Copyfraud and Other Abuses of Intellectual Property Law adds a strong voice to the chorus of those who argue on behalf of the public . . . Copyfraud arguably presents the most lucid, extensively detailed description of this phenomenon to date and Mazzone may well be the first to offer a clear typology of the various abuses falling under this rubric." (Jacyn Selby International Journal of Communication)
"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)
"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."
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.
Top customer reviews
I for one hope the someone someday will take this material, build a case and save "Fair Use".
Not being dramatic here copyright law has to be dealt with or interpretational endeavors are history.
Mazzone explains what the copyright laws are and how they are being abused in the first six chapters, tackles trademarks in one chapter, then presents detailed proposals for "how to stop copyfraud, protect fair use, and restore the public domain." He begins with copyfraud, the most straightforward form of overreaching, which is simply "the act of falsely claiming a copyright in a public domain work." This commonly occurs with works for which the copyright has expired and is exploited to force people to pay licensing fees for public domain works. The uncertainty built into the definition of "fair use" causes even more expensive problems, when companies insist that every snippet of their work be licensed. -Having attended NYU, I wondered when someone would get around to suing them for all those photocopied course packets. Mazzone talks about that too.
As expected, digital materials get a lot of attention: the crackdown on sampling and mash-ups that has hit hip-hop artists hard, the disaster of DMCA takedown notices that remove web content before the validity of the claim is evaluated, the strategy that businesses have adopted to license digital products rather than sell them, depriving consumers of the benefits of first-sale doctrine. And there is a chapter dedicated to "contracting around contract law". Museums, libraries and archival collections commonly require people to sign a contract promising not to publish or excerpt a public domain work. Stories of Disney and Mattel being overzealous in their trademark enforcement are all over the news, but Mazzone draws attention to the costs to documentary filmmakers when they inadvertently get a trademark in the frame, among other uses of trademark that should be non-infringing.
Each chapter presents notable court cases and concludes with a section on what can be done about the problem, but the last three chapters offer legal remedies in more detail. These chapters are drier than the rest of the book and contain no narrative. There are numerous proposals to choose from, legislation at the state and local level and how existing law may be used to defend the public domain. Mazzone also proposes a catalog of public domain works that would clearly establish what is in the public domain. Many forms of overreaching are known to the general public, but "Copyfraud and Other Abuses of Intellectual Property Law" is an eye-opener of how widespread the problem is and how much money is involved. Jason Mazzone clearly explains intellectual property laws and their abuses and makes a strong case for doing something about it.
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.