Free for a Fee
Each chapter now includes a section that clearly introduces the fundamentals of the IP law aspect highlighted in the chapter. Each chapter also includes a new section dedicated to emerging Issues.
Case coverage is revised in two important ways: the bulk of the case analyses have been moved to a second volume, Case Analyses for Intellectual Property Law and New Media (Baron, Lamoureux, and Stewart); and references to cases in the primary text direct readers to pertinent sections in the new book.
The coverage allows this second edition to serve as an excellent resource for undergraduates studying interactive media, as well as being a primer for first year IP law students, a handbook for entrepreneurs, a guidebook for general lawyers to assist in referrals, and an interesting read for those simply curious about the field.
The books are supplemented by freeforafee.com, a blog providing textual updates, online links to bibliographic materials, and extensive resource aggregation. Learning objectives for each chapter and a glossary of key terms is provided within the texts.
Chapter 2: Three Copyright Issues
Three Copyright Issues
Although it is certainly the case that copyright law is principally applied in order to protect the rights of content creators (and those to whom they assign rights), the law is also designed to promote progress through use—by “the people”—of creative works. In most instances, creative progress can be made when citizens either pay for the use of works or when they receive the copyright holder’s permission to use the works without cost.
However, there are numerous circumstances under which neither monetary exchange nor the negotiation of permissions functions as a way to encourage further creativity via the circulation of the material among the people. For example, certain uses might be opposed by the rights holder in such a way that one can neither purchase rights nor obtain permission for use (“You may want to use our work to criticize or parody us in artistic or editorial ways”). In other instances, materials might be wanted for educational purposes in classroom situations during which neither payment nor permission seems to be a valid demand. Studying excerpts or samples may simply not justify the purchase of complete works, and the technical procedures of rights clearance may be onerous for large amounts of curricular material. Some works have been out of cir ← 69 | 70 → culation for so long that it is either difficult or impossible to find rights holders with whom to negotiate. In such cases, “current” users may be...
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