How to Fix Copyright

Patry, William

doi:10.1093/acprof:osobl/9780199760091.001.0001

Cited by 53 publications

(28 citation statements)

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“…59 Patricia Salkin, author of several land use books, including the American Law of Zoning, 60 blogs on land use law and zoning. 61 For several years William Patry, author of a multi-volume copyright treatise, 62 maintained a highly regarded blog in that field. 63 All three illustrate ways in which a blog can be a natural extension of a treatise author's ongoing need to track and analyze fresh legal developments within its scope.…”

Section: A Law Blogsmentioning

confidence: 99%

Possible Futures for the Legal Treatise in an Environment of Wikis, Blogs, and Myriad Online Primary Law Sources

Martin

2015

SSRN Journal

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Section: A Law Blogsmentioning

confidence: 99%

Possible Futures for the Legal Treatise in an Environment of Wikis, Blogs, and Myriad Online Primary Law Sources

Martin

2015

SSRN Journal

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“…In the view of Patry (2012), the owners in question who maintain the copyright industry may not run actual losses when their works are made more popular by the promotion of a wide range distribution of their works by whatever available means. He also draws upon insights from the field of cultural economics to explain why copyright law does not accomplish the often-stated objective of promoting creative work as effectively as is commonly assumed (pp.…”

Section: Review Of Copyright As a Remedial Measure Under Internationamentioning

confidence: 99%

“…8 The overwhelming majority of copyrighted works, such as books and films, have relatively short commercial lives and copyright terms should reflect this reality. Excessively long terms, according to Patry (2012) impose transaction costs on others, provide windfalls to rights holders, and inhibit the creation of new works based upon expression from earlier works. The United States committed itself by treaty to the life-plus-fifty-year Berne minimum term (Berne Convention for the Protection of Literary and Artistic Works, 1971, Article 7(1)).…”

Section: Review Of Copyright As a Remedial Measure Under Internationamentioning

confidence: 99%

An appraisal of the Protection of Copy Right under International Law

Okeke¹,

Uzor²

2014

J. Law Conflict. Resolut

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The increasing number of creators who publish their works has led to an increase in copyright violations and a pressure on copyright legislation. It is herein argued that as copyright becomes prohibitive, social norms, domestic cultural and economic diversity consideration as well as the values of the copyright holder tend to dominate so that using domestic norms to generate international norms would more easily permit attention to issues raised by new technology, and can thus supply the dynamism missing from classical public international law making. The generation and distribution of knowledge should conventionally be viewed as the central purpose of the grant of copyright protection. This is because copyright is an incentive that, properly calibrated, can positively affect the creation and availability of knowledge. Also, canvassed herein is the need for an upward review of copyright term to afford copyright holders and their heirs more time to reap the fruits of their efforts. Such review will at the same time boost the economy of a nation. The Private international litigation, if configured to reduce application of purely national norms, might make a beneficial contribution to internationalization in ways that are dynamic, more balanced, and more respectful of national differences. The Berne Convention must therefore, seek to balance two competing objectives: providing copyright protection on an international scale, and a respect for cultural and economic diversity. It is submitted that since the Berne Convention, the world has greatly changed giving rise to the need for an upward review of copyright duration. The purpose of the Copyright term extension is to ensure adequate copyright protection for copyrighted works by extending the term of copyright protection for at least an additional 20 years.

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“…589-91;Larsson, 2011b, c;Lessig, 2008;Patry, 2009Patry, , 2011Svensson and Larsson, 2012;Tehranian, 2007;Wingrove et al, 2010). This gives its enforcement the character of a battle between different interests.…”

Section: The Core Uploaders (Rq2)mentioning

confidence: 99%

“…There are also studies focussing on the will to pay (WTP) for music, trying to single out this aspect in the equation of piracy, such as Bellemare and Holmberg (2009). Copyright has been critically analysed from a more normative and practical point of view by American scholars such as Boyle (2008), Lessig (2008), Litman (2001) and Patry (2009Patry ( , 2011. There are a multitude of studies on file sharing from a number of perspectives, for example regarding the consequences of the "path dependence" of the legal development (Larsson, 2011a, c), its weak correspondence to social norms (Feldman and Nadler, 2006;Svensson and Larsson, 2012;Larsson, 2011b), how file sharing is justified (Andersson, 2010) and made mundane (Andersson, 2012).…”

Section: Introductionmentioning

confidence: 99%

Law, norms, piracy and online anonymity

Larsson

Svensson

Kaminski

et al. 2012

Journal of Research in Interactive Marketing

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Purpose -The purpose of this study is to understand more of online anonymity in the global file sharing community in the context of social norms and copyright law. The study describes the respondents in terms of use of VPN or similar service related to age, gender, geographical location, as well as analysing the correlation with file sharing frequencies. Design/methodology/approach -This study is to a large extent descriptively collecting data through a web-based survey. This was carried out in collaboration with the BitTorrent tracker The Pirate Bay (TPB), allowing the authors to link the survey from the main logo of their site. In 72 hours the authors received over 75,000 responses, which gives the opportunity to compare use of anonymity services with factors of age, geographical region, file sharing frequency, etc. Findings -Overall, 17.8 per cent of the respondents use a VPN or similar service (free or paid). A core of high frequency uploaders is more inclined to use VPN or similar services than the average file sharer. Online anonymity practices in the file sharing community are depending on how legal and social norms correlate (more enforcement means more anonymity). Research limitations/implications -The web-based survey was in English and mainly attracted visitors on The Pirate Bays' web page. This means that it is likely that those who do not have the language skills necessary were excluded from the survey. Practical implications -This study adds to the knowledge of anonymity practices online in terms of traceability and identification. This means that it shows some of the conditions for legal enforcement in a digital environment. Social implications -This study adds to the knowledge of how the Internet is changing in terms of a polarization between stronger means of legally enforced identification and a growing awareness of how to be more untraceable. Originality/value -The scale of the survey, with over 75,000 respondents from most parts of the world, has likely not been seen before on this topic. The descriptive study of anonymity practices in the global file sharing community is therefore likely unique. IntroductionIdentification is key to the enforcement of law. Likewise, to be able to choose when to be identified is key to the protection of privacy and the individual's integrity, in order to escape regimes of surveillance. These are two sides of a battle that are increasingly fought by digital means, corresponding to the greater extent to which our lives are connected to and mediated through a digital terrain. When it comes to the global file-sharing community, there has been no clear picture of its relation to issues of anonymity and online traceability. To the extent that the global file-sharing community relates to BitTorrent peer-to-peer file sharers, and to the extent that this community uses various techniques for being less traceable online, this study adds descriptively to the understanding of these matters. This study was conducted through a survey carried out in collaboration wi...

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How to Fix Copyright

Cited by 53 publications

References 0 publications

Possible Futures for the Legal Treatise in an Environment of Wikis, Blogs, and Myriad Online Primary Law Sources

Possible Futures for the Legal Treatise in an Environment of Wikis, Blogs, and Myriad Online Primary Law Sources

An appraisal of the Protection of Copy Right under International Law

Law, norms, piracy and online anonymity

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