Promises to Keep: Technology, Law, and the Future of Entertainment

Pirmais vāks
Stanford University Press, 2004 - 352 lappuses
During the past fifteen years, changes in the technologies used to make and store audio and video recordings, combined with the communication revolution associated with the Internet, have generated an extraordinary array of new ways in which music and movies can be produced and distributed. Both the creators and the consumers of entertainment products stand to benefit enormously from the new systems. Sadly, we have failed thus far to avail ourselves of these opportunities. Instead, much energy has been devoted to interpreting or changing legal rules in hopes of defending older business models against the threats posed by the new technologies. These efforts to plug the multiplying holes in the legal dikes are failing and the entertainment industry has fallen into crisis. This provocative book chronicles how we got into this mess and presents three alternative proposals--each involving a combination of legal reforms and new business models--for how we could get out of it.

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Introduction
1
1 The Promise of the New Technology
11
Entertainment Law and Practice in 1990
38
3 What Went Awry
82
4 Taking Property Rights Seriously
134
5 Online Entertainment as a Regulated Industry
173
6 An Alternative Compensation System
199
Where Does the Money Go?
259
Notes
265
Index
321
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136. lappuse - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
92. lappuse - Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.
137. lappuse - Land hath also, in its legal signification, an indefinite extent, upwards as well as downwards. Cujus est solum, ejus est usque ad'aelum, is the maxim of the law ; upwards, therefore no man may erect any building, or the like, to overhang another's land...
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Par autoru (2004)

William W. Fisher III is the Hale and Dorr Professor of Intellectual Property Law and Director of the Berkman Center for Internet and Society at Harvard Law School.

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