The question for legal policy is whether this better deal makes public sense. But now, code gives authors a better deal. The balance struck by the law was the best that authors could get. The rise of contracts qualifying copyright law and the rise of code qualifying copyright law raise a question that the law of copyright has not had to answer before.We have never had to choose whether authors should be permitted perfectly to control the use of their intellectual property independent of the law, for such control was not possible. That balance when code is the law? (See Code/Lessig). So copyright law strikes a balance between control and access. In these ways and in others, you have the right to use this book independent of how I say it should be used.
It gives you the right to criticize this book, cut sections from it, and reproduce them in an articleĪttacking me. A copyright gives the owner certain rights fair use is a limitation on those rights. This is the difference between these two very different kinds of property, and this difference fundamentally affects the nature of intellectual property law.Ī classic example of these limits and of this public use dimension is the right of “fair use.” Fair use is the right to use copyrighted material, regardless of the wishes of the owner of that material. With ordinary property, the law must both create an incentive to produce and protect the right of possession with intellectual property, the law need only create the incentive to produce. The problem will center not on copy-right but on copy-duty-the duty of owners of protected property to make that property accessible. But the lesson in the future will be that copyright is protected far too well. The power to regulate access to and use of copyrightedmaterial is about We are instead entering a time when copyright is more effectively protected than at any time since Gutenberg. We are not entering a time when copyright is more threatened than it is in real space. Code can, and increasingly will, displace law as the primary defense of intellectual property in cyberspace. something fundamental has changed: the role that code plays in the protection of intellectual property. Special legal protection under the DMCA: Circumvention of that code, subject to a few important exceptions, constituted a violation of the law. implemented directly the recommendation that “technological protectionmeasures” be protected by law.Code that someone implements to control either access to or use of a copyrighted work got The Digital Millennium Copyright Act in 1998 (DMCA). but we will soon see that this thought must be wrong. Intellectual Property/Lessig: Many believe that intellectual property cannot be protected Lawrence Lessig on Intellectual Property - Dictionary of Arguments I 171
0 kommentar(er)
