1. Harvard CSCI E-2a 1 1 7: Copyright

2. Harvard CSCI E-2a2

3. 3 MPAA brief MPAA brief supporting RIAA against Thomas

4. Harvard CSCI E-2a4 “If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instructions himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should be freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature...” Thomas Jefferson “If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instructions himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should be freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature...” Thomas Jefferson Non-exclusionary Non-rivalrous

5. Harvard CSCI E-2a5 The Fundamental Mechanism: A Time-limited Monopoly US Constitution, Article 1, §8: “The Congress shall have the power... To promote the Progress of Science and the Useful Arts, by securing for limited Times to authors and inventors the exclusive Right to their respective Writings and Discoveries.” US Constitution, Article 1, §8: “The Congress shall have the power... To promote the Progress of Science and the Useful Arts, by securing for limited Times to authors and inventors the exclusive Right to their respective Writings and Discoveries.”

6. Harvard CSCI E-2a6 © Copyright on one slide RCovers ROriginal work of authorship, fixed in a tangible mediumOriginal work of authorship RCovers entire work RGives the author the following exclusive rights R To reproduce the work R To prepare derivative works R To distribute the work R To perform and display the work publicly RLasts for the life of the author + 70 yrs, or 95 yrs from publication (for a corporation) RAutomatic since 1978 – works are “born copyright” RIgnorance is no defense against copyright infringement. (Copyright is a strict liability regime.) RAbridged by: copying (literal and non-literal) RLegally avoided by: independent creation RThe details are complicated (about 250 pages in the US Legal Code) Access + similarity => infringement RCovers ROriginal work of authorship, fixed in a tangible mediumOriginal work of authorship RCovers entire work RGives the author the following exclusive rights R To reproduce the work R To prepare derivative works R To distribute the work R To perform and display the work publicly RLasts for the life of the author + 70 yrs, or 95 yrs from publication (for a corporation) RAutomatic since 1978 – works are “born copyright” RIgnorance is no defense against copyright infringement. (Copyright is a strict liability regime.) RAbridged by: copying (literal and non-literal) RLegally avoided by: independent creation RThe details are complicated (about 250 pages in the US Legal Code) Access + similarity => infringement

7. Harvard CSCI E-2a7 Insufficient originality

8. Harvard CSCI E-2a8 Sufficient originality

9. Harvard CSCI E-2a9 © Copyright on one slide RCovers ROriginal work of authorship, fixed in a tangible medium RCovers entire work RGives the author the following exclusive rights R To reproduce the work R To prepare derivative works R To distribute the work R To perform and display the work publicly RLasts for the life of the author + 70 yrs, or 95 yrs from publication (for a corporation) RAutomatic since 1978 – works are “born copyright” RIgnorance is no defense against copyright infringement. (Copyright is a strict liability regime.) RAbridged by: copying (literal and non-literal) RLegally avoided by: independent creation RThe details are complicated (about 250 pages in the US Legal Code) Access + similarity => infringement RCovers ROriginal work of authorship, fixed in a tangible medium RCovers entire work RGives the author the following exclusive rights R To reproduce the work R To prepare derivative works R To distribute the work R To perform and display the work publicly RLasts for the life of the author + 70 yrs, or 95 yrs from publication (for a corporation) RAutomatic since 1978 – works are “born copyright” RIgnorance is no defense against copyright infringement. (Copyright is a strict liability regime.) RAbridged by: copying (literal and non-literal) RLegally avoided by: independent creation RThe details are complicated (about 250 pages in the US Legal Code) Access + similarity => infringement

10. Harvard CSCI E-2a10 Derivative work

11. Harvard CSCI E-2a11 © Copyright on one slide RCovers ROriginal work of authorship, fixed in a tangible medium RCovers entire work RGives the author the following exclusive rights R To reproduce the work R To prepare derivative works R To distribute the work R To perform and display the work publicly RLasts for the life of the author + 70 yrs, or 95 yrs from publication (for a corporation) RAutomatic since 1978 – works are “born copyright” RIgnorance is no defense against copyright infringement. (Copyright is a strict liability regime.) RAbridged by: copying (literal and non-literal) RLegally avoided by: independent creation RThe details are complicated (about 250 pages in the US Legal Code) Access + similarity => infringement RCovers ROriginal work of authorship, fixed in a tangible medium RCovers entire work RGives the author the following exclusive rights R To reproduce the work R To prepare derivative works R To distribute the work R To perform and display the work publicly RLasts for the life of the author + 70 yrs, or 95 yrs from publication (for a corporation) RAutomatic since 1978 – works are “born copyright” RIgnorance is no defense against copyright infringement. (Copyright is a strict liability regime.) RAbridged by: copying (literal and non-literal) RLegally avoided by: independent creation RThe details are complicated (about 250 pages in the US Legal Code) Access + similarity => infringement

12. Harvard CSCI E-2a12

13. Harvard CSCI E-2a13 Increasing duration of copyright

14. Harvard CSCI E-2a14 © Copyright on one slide RCovers ROriginal work of authorship, fixed in a tangible medium RCovers entire work RGives the author the following exclusive rights R To reproduce the work R To prepare derivative works R To distribute the work R To perform and display the work publicly RLasts for the life of the author + 70 yrs, or 95 yrs from publication (for a corporation) RAutomatic since 1978 – works are “born copyright” RIgnorance is no defense against copyright infringement. (Copyright is a strict liability regime.) RAbridged by: copying (literal and non-literal) RLegally avoided by: independent creation RThe details are complicated (about 250 pages in the US Legal Code) Access + similarity => infringement RCovers ROriginal work of authorship, fixed in a tangible medium RCovers entire work RGives the author the following exclusive rights R To reproduce the work R To prepare derivative works R To distribute the work R To perform and display the work publicly RLasts for the life of the author + 70 yrs, or 95 yrs from publication (for a corporation) RAutomatic since 1978 – works are “born copyright” RIgnorance is no defense against copyright infringement. (Copyright is a strict liability regime.) RAbridged by: copying (literal and non-literal) RLegally avoided by: independent creation RThe details are complicated (about 250 pages in the US Legal Code) Access + similarity => infringement

22. Harvard CSCI E-2a22 Fair Use R Nature of the use R Parody, education, criticism R Rip-off R Nature of the work R Zapruder R Amount of the work used R Impact on potential market for the work R Betamax R Thumbnails R Nature of the use R Parody, education, criticism R Rip-off R Nature of the work R Zapruder R Amount of the work used R Impact on potential market for the work R Betamax R Thumbnails

23. Harvard CSCI E-2a23

24. Harvard CSCI E-2a24 (from Siva Vaidhyanathan)Siva Vaidhyanathan Google will pay $125 million to settle the case. Much of this will fund the next bullet point. Google will establish and run a not-for-profit rights registry to allow rights holders to claim or establish control over out-of-print works. Google will offer (with nasty digital rights management) full-text copies out-of-print books for sale as downloads. Google will offer much better access to many out-of-print works still under copyright. Right now Google offers these texts in useless "snippet" form. There would be much richer and broader access under the settlement. Google will provide designated terminals in U.S. libraries that will offer free (as in beer, not speech), full-text, online viewing of millions of out-of-print books. I must assume there will be no printing allowed from these terminals.

25. Harvard CSCI E-2a25 Now that Google has proposed establishing and running the central commercial clearinghouse for rights to much of the written work of the 20th century, we must reflect on how complicit some universities have been in centralizing and commercializing knowledge under a single corporate umbrella. At the core of this settlement is this fact that university libraries much confront: For the first time, elements of library collections will be offered for sale in widespread manner via a private contractor. Perhaps this is only a shift of degree. Perhaps it is a major mission shift. Ultimately, I have to ask: Is this really the best possible system for the universal spread of knowledge?

26. Harvard CSCI E-2a26 1.A defendant prosecuted pursuant to this act is entitled to the process protections of the criminal law, including the rules and constitutional law of criminal procedure and the right to trial by jury empowered to act by general verdict. 2.Congress has exceeded its power by placing the executive function of prosecuting an essentially criminal statute in private hands. 3.Congress has violated constitutional separation of powers by requiring the judicial branch to try cases pursuant to their essentially criminal mandate by inappropriate civil process. 4.Congress has exceeded the limits of substantive due process of the Fifth and Eighth Amendments to the Constitution by mandating grossly excessive statutory damage awards. Defense filing in Tenenbaum