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Copyfraud and Other Abuses of Intellectual Property Law (Hardcover)
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Copyfraud and Other Abuses of Intellectual Property Law (Hardcover)
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Intellectual property law in the United States does not work well
and it needs to be reformed--but not for the reasons given by most
critics. The issue is not that intellectual property rights are too
easily obtained, too broad in scope, and too long in duration.
Rather, the primary problem is overreaching by publishers,
producers, artists, and others who abuse intellectual property law
by claiming stronger rights than the law actually gives them. From
copyfraud--like phony copyright notices attached to the U.S.
Constitution--to lawsuits designed to prevent people from poking
fun at Barbie, from controversies over digital sampling in hip-hop
to Major League Baseball's ubiquitous restriction on sharing any
"accounts and descriptions of this game," overreaching claims of
intellectual property rights are everywhere.
Overreaching interferes with legitimate uses and reproduction of a
wide variety of works, imposes enormous social and economic costs,
and ultimately undermines creative endeavors. As this book reveals,
the solution is not to change the scope or content of intellectual
property rights, but to create mechanisms to prevent people
asserting rights beyond those they legitimately possess.
While there are many other books on intellectual property, this is
the first to examine overreaching as a distinct problem and to show
how to solve it. Jason Mazzone makes a series of timely proposals
by which government, organizations, and ordinary people can stand
up to creators and content providers when they seek to grab more
than the law gives them.
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