- Hardcover: 288 pages
- Publisher: Oxford University Press; 1 edition (April 14, 2008)
- Language: English
- ISBN-10: 0195137620
- ISBN-13: 978-0195137620
- Product Dimensions: 9.3 x 1.2 x 6.2 inches
- Shipping Weight: 1.3 pounds (View shipping rates and policies)
- Average Customer Review: 2 customer reviews
- Amazon Best Sellers Rank: #2,779,068 in Books (See Top 100 in Books)
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Copyright's Paradox 1st Edition
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Why must a documentary filmmaker pay a $10,000 licensing fee for an image of Homer Simpson that appears briefly in the background? Netanel poses this real-life question as part of his compelling argument that an American copyright law originally intended to foster creativity now stifles it. Though he acknowledges that writers and artists need legal protection from piracy, Netanel shows that such protection has grown so broad that it threatens the free speech enshrined in the First Amendment. Particularly troubling are the new proprietary rights that hamstring those trying to use new technologies to recast works into parody, to fuse them into startling new combinations, or to inject into them the leavening of hostile critique. Specific cases make it troublingly clear that even traditional “fair use” exemptions to copyright law are disappearing as courts endorse the copyright holders’ broadest claims and so squelch free speech. To restore cherished freedoms, Netanel urges Americans to enact a specific set of copyright reforms, outlined in his conclusion. A balanced and cogent argument. --Bryce Christensen
"Copyright's Paradox fluently examines an array of recent copyright controversies, highlighting the problematic free speech implications of an ever-expanding copyright regime...Netanel's incisive examination of his subject through a First Amendment lens helps illuminate some of the issue's critical cultural and constitutional dimensions."--Harvard Law Review
"Neil Netanel is rightly hailed as one of the most important writers and thinkers in the field... his latest book, Copyright's Paradox, cements that reputation...Best of all, Copyright's Paradox offers solutions, a set of simple legislative recommendations that are both realistic and promising-solutions that will end the copyright wars without destroying the public interest or the fortunes of artists."--Cory Doctorow, BoingBoing.net
"Timely and topical...Netanel's well-researched, informative and eminently readable book is a thoughtful and important contribution to the debate, and should be read by those seeking practical solutions to a problem that will not go away with wishful thinking."--New Jersey Lawyer
"Copyright's Paradox is a major book by a major thinker, and a must read for all."--William Patry, The Patry Copyright Blog
"Netanel makes an original and creative argument that copyright is in the end about speech. Copyright's Paradox should be on the list of required reading for anyone concerned with the inner workings of the copyright system, and those interested in issues of institutional or regulatory design as they relate to public policy goals."--Yale Law Journal
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As an academic researcher on this subject, I have seen many commentators bemoan these modern problems with copyright law in a variety of settings. But with this book, Netanel has created the most authoritative and concise study yet of the un-American mutation of copyright law into a vehicle for unfettered media industry profits, while it inexorably drifts away from its origins as an incentive for creativity and an engine of free expression. Netanel concludes the book with highly plausible (though overly ambitious, politically speaking) solutions that could just get copyright law back where it belongs - in the creative minds of the people. [~doomsdayer520~]