This forthright and provocative book offers a new perspective on
copyright law and the legal rights of individuals to use
copyrighted materials. Most Americans believe that the primary
purpose of copyright is to protect authors against the theft of
their property. They are wrong, say L. Ray Patterson and Stanley W.
Lindberg. Guaranteeing certain rights to authors (and to the
entrepreneurs who publish and market their creations) is only an
incidental function of copyright; it exists ultimately for the
public's benefit. The constitutionally ordained purpose of
copyright, the authors remind us, is to promote the public welfare
by the advancement of knowledge. In "The Nature of Copyright" they
present an extended analysis of the fair-use doctrine and
articulate a new concept that they demonstrate is implicit in
copyright law: the rule of personal use.
Viewing copyright in a historical context, Patterson and
Lindberg show how its original purposes--to prevent both the
monopoly of the book trade and the official censorship of
writings--have been lost largely as a result of uninformed
jurisprudence. Contributing to the problem have been
special-interest groups that have circulated official-looking but
misleading copyright "guidelines" for copyright users, librarians,
and others. According to the authors, the claims in these
intimidating guidelines, such as copying restrictions based on
specific word counts, are not legally binding and indeed are often
groundless. If the current trend to give publishers and other
vested interests even wider protection under copyright continues,
warn Patterson and Lindberg, knowledge could become a private
commodity to which access is tightly controlled.
The authors also address the effect of recent court rulings in
such cases as " J.D.] Salinger v. Random House, Inc.," and "New Era
Pub. Int. v. Henry Holt & Co." (the L. Ron Hubbard biography
case). Severely hampering the work of biographers and historians,
these controversial rulings appear to have increased the protection
of unpublished materials under copyright.
Although copyright as a concept has existed for 450 years, "The
Nature of Copyright" represents the first significant, in-depth
examination of its basic philosophical premises. The authors' ideas
and opinions, certain to be viewed as controversial, have
implications not just for the print media but for all areas of mass
communication and entertainment, from television to music. By
focusing on the basic policies and principles of copyright, rather
than on case precedents, the authors present a strong argument for
preserving the integrity of copyright law and the free flow of
information and ideas.
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