Copyfraud and Other Abuses of Intellectual Property Law

by Jason Mazzone

Intellectual property law in the United States is on the verge of breakdown and needs to be reformed--but, according to law professor Jason Mazzone, the author of  Copyfraud and Other Abuses of Intellectual Property Law , not for the reasons given by most critics.  Most Americans are familiar with the problems of illicit downloading and stolen software. But in this compulsively readable book, Mazzone argues that these familiar problems mask a greater threat to creativity and commerce--the ever-growing overreaching by publishers, producers, artists and corporations that claim stronger ownership rights than the law gives them.  

 As Mazzone argues, something is wrong in a society

·      Comics can be sued for making fun of Barbie
·      The Hells Angels stop production of Hollywood movies by charging misappropriation of images
·      Major League Baseball announces it can stop any human being from even describing a baseball game
·      Starbucks convinces customers that they don't have the right to take photos in coffee shops
·      Electronic book and music distributors are stripping away the entire idea of ownership
·      Universities spend millions of dollars each year requesting permission to reproduce public domain works by long dead authors.

Mazzone shows how growing abuse of intellectual property law has been abetted by confusion, unclear legal standards, outmoded law and economic bullying--and he illustrates the pervasive cost of these abuses.  Finally, he introduces specific measures by which we can cure these problems.

Erudite, surprising and accessible,  Copyfraud and Other Abuses of Intellectual Property Law  is a breakthrough title that will change forever how we look at creativity, law and commerce.  


9780804760065

Genres: Nonfiction, Law

311 pages, Hardcover

First published October 5, 2011

Reviews

[Mackenzie Brooks · Rating 4 out of 5]

Mazzone thinks the real problem with copyright is that owners claim more rights than they have and impede creative expression. I don't think this angle gets discussed as often because it's easy to think of ways that people ignore copyright. You might be able to get away with burning a cd for a friend, but that independent documentary film maker is not able to invoke fair use on clips for their movie because the studios won't let anything out of the gate without explicit permission. It's cheaper and easier to cut out anything that could potentially lead to a lawsuit, even if it is completely within your rights under fair use, since the risk of corporation wrath is so great. Mazzone says the punishment for "copyfraud" should be greater, since right now there's no incentive for copyright owners to overstep their bounds. Be warned libraries and archives: he does take issue with those institutions who claim copyright or fees for use of materials when they don't own the copyright or the materials are in the public domain. It's a lot easier to understand why archives might charge for commercial uses of materials, since they are rarely a big bad corporation, but it's our responsibility as a profession to get a handle on what is actually legal.

Lost a star because the writing could have been a little better, but it still held my attention on my sleepy commute. Copyright is so interesting!!!

[Ron Davidson · Rating 4 out of 5]

An important book for writers and other creative types, to understand just what is fair use and how it is being crippled by large corporations and other corrupt actors. But it is also an important resource for librarians and archivists (of which I am one), and everyone who reads, listens to music, watches movies -- in other words, everyone.

Written by a law professor, the book is sometimes heavy on legalistic arguments, but it's mostly written in plain English, with clear explanations of what is good and bad in the way copyright and patent laws are applied. The author argues for stronger enforcement of Fair Use, and a level playing field between users and copyright enforcers. (For example, in our present system, there are severe penalties for even minor copyright violations, but virtually no risk in profiting from fraudulently claiming copyright in public domain works.)

The author's proposed solutions seem a bit too idealistic for any realistic hope for success, but I suppose we have to start somewhere. If you really care about protecting your rights in using and not just buying and selling "intellectual property," you should read this book.

[Adam Paradis · Rating 3 out of 5]

This book was fine. An obvious corrective to predominate ways of thinking about copyright, overreaching, ownership, and licensing. A good primer on the topic. Makes me think more about 2013 and fetishizing ownerships, property etc on the one hand, and the tacit and implied economic relations we are constantly already in and how entangled one actually is. The work–each chapter, actually–ends with a reasonable call to arms for public comportment towards the assumption of fair use and public domain, the law prosecuting overreaching, and legislation to reflect and better define copyright as an exception, not the rule.

Fuck the man.

[Mark Flowers · Rating 5 out of 5]

grrrrr. IP law makes me mad.

[Tim · Rating 2 out of 5]

Lots of legal-ese in the last third of the book.

[Mohamed · Rating 4 out of 5]

good

[Crystal · Rating 4 out of 5]

Changed my thinking in some fundamental ways + greatly deepened & refined my understanding of the contemporary IP law & practices scene. Very useful.