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Chapter 1

CRI 200 Chapter Notes - Chapter 1: Perpetual Copyright, Jeremy Bentham, Consolidated Laws Of New York


Department
Creative Industries
Course Code
CRI 200
Professor
Jeremy Shtern
Chapter
1

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Murray & Trosow: Introduction and Part I.
Introduction:
Copyright law is a constant work in progress and has become diversified to be able to adapt to
many situations and technologies
It is not static - always developing through changing legislations, legal precedents from
ase la, through pratie…
La is ot a thig, ut a proess ased o a set of soial relatioships. p.
It produces opportunities
Having knowledge of how the copyright laws work can let people use it more effectively
in terms of how they practise fair copyright
New legislative law passed in 2012 - Bill C-II
Creators are scared of customers who may pirate their works..
People learn to create by seeing, imitating, practising from galleries, the internet and
others…
Creators are the most ardent consumers of art so they need affordable access to works
created by others
That's h opright ters, user’s rights are eeded
The relationship b/t creators and consumers can be dangerous as it puts amateur creators on
the same level as those who make art for a living (cultural workers)
Receivers of works spend money on artwork - although the do’t reate the piees theseles
- eed reators’ rights
Media corps exploit cultural workers to gain profit for themselves, this is just how business
works.
New media has created new ways for creators and publishers to create and distribute content
Hopefully one day there will be a way to distribute licensed content that can coexist
with new modes of creation and free circulation
Part 1 - Ideas:
Copright’s Ratioales:
The artist does ot reate, ut rereates, does ot o ut feeds.
This traditional way of thinking is supported by patronage rather than by a system of
individual rights or property
Established Philosophies of Copyright:
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There are two major lines of philosophical justification that copyright law is based on:
Rights-based theories
Everyone is entitled to their own IP
Rooted in the idea of natural law (that law exists separately from the state/legislation)
Natural la lais that all people are or ith ualieale rights hua rights
This would mean that things such as property would be entitled to what they have
created or made
John Locke: Created a theory that justifies private appropriation of public resources
So, whatever a person uses to make something the creation should be his to own even if
the materials used were once public
There are 2 limitations on this right to appropriate from the commons:
1. Appropriation must leave as much and as good for others
2. Ownership is not considered legitimate when individuals appropriated more
than they could use
He was opposed to perpetual copyright (that something would be copyrighted forever)
Positive Law as a viewpoint was confirmed in the case of Donaldson v. Becket (1774)
The House of Lords affired liited opright ters, hih rejeted the atural la
view that copyright should be separate from the statute
Toda’s opright la is rooted i atural la thikig, ut Aglo-American law
operates according to positive law principles
CIvil Law systems are in place to emphasize the rights of the individual of creators as people
Copyright is seen as an extension of the author/creator personality
Utilitarianism
Often associated with English Philosopher Jeremy Bentham
People can make decision in a situation of competing interests by measuring the total
amount of happiness produced
Ex. US Constitution - Does not appeal to natural law, but instead empowers congress to
enact intellectual property laws as a tool for benefit and progression/promotion of
society
Canadian copyright principles are not constitution, but our courts and legislation use rhetoric of
public or national interest that is similar to utilitarian
Economic Analysis
Copyright is most of often justified in economic terms
Need a specific vision of copyright to drive the economy in our knowledge-based
economy
Classic economic analysis of copyright law rests on 3 assumptions:
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