Copyright Series Part 10 – The London Booksellers Strike Back

The seasons

Click Link to Listen to or Download the Podcast. The London Bookseller Conspiracy: Welcome to Part II of my trilogy in introducing regulatory copyright. Last time we learned of a monopolistic elite known as the London booksellers. They rose to power by being the only place in England anyone could register a creative work. When they lost that exclusive right with the 1710 Statute of Anne they attempted to change legislation in various ways in both Britain and Scotland. Each attempt was met with failure and it seemed the London booksellers were not going to get their capricious desire of literary property. Classical works that stood the test of time must be released to the public at large and the London booksellers would have to lose their free income from works they did not create or have any direct relation with the creator. Despite appealing through all channels the London booksellers were all but doomed. This, pathetically, must be noted. This is (so far) 33 solid years of litigious moaning by some elite. Nobody else had the money to heckle legislature the way the London bookseller’s did. It is clear they were still viable businesses, yet they refused to back down on the idea that they can’t own somebody else’s creation for their own personal profit at the expense of the majority of the public. The further these works slipped from the hands of the London booksellers the more desperate they became. If getting Scottish Andrew Millar to represent them (Click to continue…)

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Copyright Series Part 9 – The Statute of Anne, A New Hope (1710 – 1740)

Adrian Johns

Click Link to Listen to or Download the Podcast. Introduction: So here we are again, back in the depths of time in the year 1710. We just left the surreal world of 1998 wherein we witnessed a parade of organizations and government officials almost unanimously passing the Sonny Bono Copyright Term Extension Act and flirting with just making it perpetual right then and there. Nobody was seriously considering the problems of orphan works, the loss of creator’s rights, empirical evidence, the muscle of publishers, or the excessive confusion surrounding copyright for the last century. Everybody was so certain, from the Register of Copyright, Mary Beth Peters, all the way up to the President of the United States whom the Act had to pass under, that all of this was a good idea. But we know that even if they wanted to discuss these problems in earnest they couldn’t. America had signed away its ability to make its own copyright law 9 years earlier by joining the Berne Convenion. And, of course, that was only made possible by the dismantling of America’s own copyright law by Abraham Kaminstein and the creation of the 1976 Act. Yet, the 1976 Act was so complex very few people really understood it. So what have we signed ourselves onto as a nation without even realizing it? Signing on to the Berne Convention seemed only natural despite it being completely new to America. Other countries quickly followed. Proprietary copyright was becoming international law for any country that (Click to continue…)

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Haiti – Civilization’s Blind Spot

Arowak_woman_by_John_Gabriel_Stedman

Today, I am going to attempt to convey the importance of Haiti to the world by sharing what I believe are the lessons Haiti has to offer. Often, when we think of civilization, we think of respectable and respectful behavior. Civilized people are domesticated people as dogs are the domesticated wolves. Generally, a dog won’t attack or kill unprovoked, it will not attempt to assert its dominance where it knows it does not belong. Likewise, civilized people can interact with each other non-violently, display manners and good behavior, and work diligently and honestly. But often we overlook the fact that civilization was built by undomesticated human wolves – voracious in appetite – leaving nothing but death and destruction in their wake to fulfill materialistic ends. In fact, wherever you find peace and domesticity you will find another place, of equal war and savagery, in which the former was built upon. Materialism, a god that is today praised above all others, ripped into the Western Hemisphere during a monumental juncture in human history – the first actual recorded meeting of the Old and New World. The people of the New World, the Native Americans, had long been separated from their brothers and sisters of the Old World. Upon leaving Africa, one group – the New World Native Americans – deciding to head Northeast while the other group – the Old World Europeans – decided to head Northwest. While the Atlantic Ocean cornered the Europeans and made them turn to fight their (Click to continue…)

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Copyright Series Part 8 – The Tree that Tried to Save Copyright (1998 CTEA)

copyright symbol 4

Click Link to Listen to or Download the Podcast. Introduction: Last time we learned how any form of American copyright law was dismantled largely at the hands of Register of Copyright, Abraham Kaminstein, with his orchestration of the 1976 Copyright Act. This might not be so surprising had he not originally made some suggestions that would’ve turned the entire course of American history in a totally different direction. Kaminstein went from suggesting copyright changes that would balance the needs of public and private interest to one of the strongest proponents of perpetual property. By the time the 1976 Act was passed, it was only a matter of time until the United States joined the Berne Convention, giving up its ability to make its own copyright law. 1989 was that year for America when it became the 77th signatory to the Berne Convention. Amid these changes several copyright extensions came into place for both past and present creative works as perpetual property crystallized. Today, we learn about the most recent extension. Sonny Bono Brings European Copyright Extensions to America: By 1998 copyright being seen as proprietary in the United States was equivalent to the United States seeing itself as the global model for other countries. There was not even a question about either of these things. Of course copyrighted material was proprietary and of course the United States was the best country in the world. And it is in 1998 that we can finally get the last piece to answer our (Click to continue…)

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Copyright Series Part 7 – The Very Interesting Case of Abraham Kaminstein (1976 Act)

Copyright symbol3

Click Link to Listen to or Download the Podcast. The Bright Side of the 1909 Act: Welcome to Part 7 of the series, in which today we will learn about a very interesting man – Abraham Kaminstein. In our previous entries we traveled across the Atlantic to see the birth of proprietary copyright and why the term perpetual always seems to be not far away. First, we saw the birth of perpetual property in the United Kingdom, and then we watched it grow in neighboring France. From French “right of the author” law we saw the perpetual copyright protection was born from the moral right of the author. But we learned that this protection was very different from the very much limited proprietary right of the publisher. As the decades pushed on French copyright law became more convoluted (as did everybody else’s) but it did not stop the well-known Frenchman Victor Hugo from gathering together 9 countries and creating the first international copyright law. We learned that originally there was no minimum copyright term between these 9 countries, but by 1908 each signatory had an unenforceable minimum term of life + 50 years. Back in the United States, Congress was gearing up to release their new, independent copyright law from the European Community- our familiar  friend, the enigmatic 1909 Copyright Act. So what did the 1909 Act have to say about copyright extension in both America and Europe? Let HistoryofCopyright.org explain: Congress reviewed the duration of copyright, then 28 years (Click to continue…)

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The Importance of Space Programs (Ode to the Space Shuttle)

481px-Space_Shuttle_Program_Commemorative_Patch

The Meaning of Space Programs: If you couldn’t tell by the web-banner I happen to be a huge proponent of space-anything. But yet, with the name of this website being dedicated to sustainable things I feel compelled to consider whether something such as a space program is counter to the idea of a sustainable and diverse world. However, I’ve concluded it’s not only copacetic with a sustainable and diverse world, but the world actually depends on it. It seems sort of hard to explain. But then you find somebody else already did a great job of explaining the meaning in a short skit by Joe and Buzz called Space Program. It’s a short minute and a half video and the analogy is adept. It is deep within human nature to explore and continue to push our boundaries. It was easy for humans to push through the savannahs or forests but it was far less easy to cross deserts and oceans. Our ancestors, with incredibly (comparatively) minimal knowledge overcame these obstacles to discover what was always beyond the next hill and across the boundless seas. What we have discovered so far is remarkable and then we look up and things just get way more crazy! Let’s imagine you have no preconception of what a Universe should look like – now look at what ours looks like. The distances are vast. You can imagine the daunting task of successfully crossing the Sahara for the first time. The first ocean voyage where a (Click to continue…)

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Copyright Series Part 6 – The Berne Convention

Bern_luftaufnahme

Click Link to Listen to or Download the Podcast. Welcome to France: If you were like me at this point, you might be feeling a bit hopeless. After all, I dragged you in to tell you about American copyright, and now here we are in 18th century France. What are we doing here? Have we completely lost our way? The answer is no. And bare with me til the end of today’s entry to understand why. I consider looking at our current journey as the adventures of perpetual property. Last time we witnessed the immaculate conception of proprietary copyright in Britain and we were given an initial hint as to why proprietary copyright always has the word perpetual sneaking around the shadows. It had to do with the fact that owning successful works of dead people is a good business that you don’t want to lose. And the only way to not lose it is to extend your copyright forever. And if last time we witnessed the birth of perpetual property, today we will witness its youth and adolescence. In its final stage of maturity, we will see perpetual property unleashed upon the world like a genie from a lamp. The Fusion of Moral Right Rules and Proprietary Rules (The French Right of the Author): In Britain the perpetual property was dashed with the Statute of Anne. But in neighboring France perpetual property would germinate from the most famous Encyclopedia writer of the time – Denis Diderot. Cofounder and Chief (Click to continue…)

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Global D.I.R.T.

Global DIRT

In my eternal quest in searching for the best humanity has to offer I have come across this little known disaster relief team. They’re called Global D.I.R.T. (Disaster Immediate Response Team). I first heard of them from my friend who went to Haiti to cover the earthquake. He claimed that Global D.I.R.T. was so effective that they could do with $1 what the Red Cross would need $100 for. While I do not know how true this claim is, I do know that my friend always has known what he was talking about. Right now on Global D.I.R.T.’s website they feature a video of them giving out a bunch of Teddy Bears donated by a 6 year old to orphaned Haitian children. In this video you can see a little montage of a day of sending supplies throughout Haiti. Since the Haitian earthquake Global D.I.R.T. have assisted in other disasters such as the Japanese and New Zealand earthquakes. If you look at the link I provided to the Japanese earthquake you’ll see that they even cover radioactive isotope data on an easy-to-check map! These videos and maps are the sort of things that are missing from relief groups like the Red Cross. When we go to a lot of businesses in America there is often a Red Cross relief change bucket if they are looking to promote the aid of relief. Around Christmas time they even get people to ring the bells in front of stores. These all create visibility (Click to continue…)

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Bring the Money Home!

USUncut

An important part of Sustainable Diversity is highlighting the works of others who are attempting to create a more sustainable and diverse world. One very important way to do this is to help truly understand corporate law. It’s no secret that there was a financial crisis in America in which trillions of dollars of corporate welfare were given to corporations, particularly banks, to “save” the economy. Both Republican George W. Bush and Democrat Barack Obama joined hands and claimed that shaking the coffers of the American public was the only way to save the American economy. Left with no actual alternative, the American public begrudgingly ignored the giant swaths of money being given to corporate America. The cost was over 4 1/2 trillion dollars and cost more than the Marshall Plan, Louisiana Purchase, moonshot, S&L bailout, Korean War, New Deal, Iraq War, Vietnam War, and NASA’s lifetime budget combined. What is worse is that anybody who is educated about this bailout money understands that this was 1. Avoidable 2. Criminal and 3. Still largely unaddressed. Using any logic that a Conservative proponent of private industry would say about the entitlement of the poor on welfare can now be equally used on private, deregulated, “free” market corporations (free only for those who hire politicians apparently). Of course, the bailout is only the most blatant trick used by these exclusive corporate entities bound by no national borders or laws. Tax evasion is something that corporations have had teams of lawyers working on (Click to continue…)

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Copyright Series Part 5 – Perpetual Property Born from… Morality?

Copyright Stencil (Washington, DC)

Click Link to Listen to or Download the Podcast. How Many Orphans?: Today, we will learn if we ever truly want to understand copyright for America or for any other country for that matter, we will have to return to where it originated. But before we do, let’s remember why. Last time we learned the orphan works were victims of proprietary copyright with repeated extensions to the point crossing the line into perpetual property. These works, long forgotten and currently unprofitable, are ensnared from public use. The general public (and by this I mean anybody who does not have a team of disposable lawyers ready to sic even the most minuscule of copyright infringers) has learned as  quickly as a child sticking its finger in an electrical socket not to infringe on copyright even accidentally. But let’s be realistic, how many orphan works could there possibly be? In a functional copyright system most copyrighted works would be commercially available. After all, what is the point of an out-of-print book being copyrighted? What is the point of a copyrighted movie with no copies for viewing? What is the point of a copyrighted song with no ability to listen to it? Originally, the purpose of copyright was to allow the publication of your work under your terms. And once the work was publicized, then it became a part of culture. When a part of culture (like a book) went out-of-print because it was unprofitable for the publisher, then regulatory copyright would let (Click to continue…)

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