On Sunday, January 26, 2003, at 09:03 PM, John Haumann wrote:

>
> On Sunday, January 26, 2003, at 07:17  PM, Donald Keenan wrote:
>
>> This is a good example of why copyright law has to be reformed to
>> conform with the original intent to benefit the public good over the
>> private interests of the copyright holder(s).
>
> I wonder if you could elaborate here.  What does the award of a
> copyright (i.e., recognition of an original work) have to do with the
> public good?  Particularly when we're talking about music or literature?
>
>
>
List:
Apologies in advance for continuing this thread and I'll drop it here. 
I'll indulge myself in memory of the Apple "1984" television ad from 
Super Bowls past.

John:
I work in a University Library (a somewhat elitist environment 
admittedly) and we already see the demise of open access: vendor's 
digital license agreements dictate access to the digital content we 
"license" and provide to users...this is no longer an issue of public or 
local policy. This will quite possibly be ruinous for public libraries. 
In my field, we are unfortunately very isolated in supporting free 
speech and open access. The continual extension of copyright terms and 
diminishing of open access is not good for an open, creative culture. It 
is a hallmark of a potentially despotic one. I see on a daily basis how 
people cower over copyright issues and the fear that surrounds 
referencing and reproducing intellectual content.

To your question:
Bill Moyers' program "Now" had a very interesting segment which 
discussed the efforts of content holders and content producers to 
prevent mass communication culture from replenishing and entering the 
public domain. (1/17/03 transcripts at 
<http://www.pbs.org/now/transcript/transcript203_full.html>)
Moyers quoted Supreme Court Justice Stephen Breyer's dissenting opinion. 
Below is the exact quote from the transcript:



MOYERS: Congress got a reminder of the public interest this week from 
Supreme Court Justice Stephen Breyer.

The court, by a vote of 7-2, upheld the authority of Congress to extend 
the term of copyright, even as that term gets far longer than the 
framers ever imagined.

Justice Breyer dissented.

And in his dissent, he quoted previous decisions about the copyright 
clause.

His argument says copyright:

"exists not to provie a special private benefit...but to stimulate 
artistic creativity for the general public good... Copyright was not 
designed primarily to benefit the author of any particular class of 
citizens, however worthy... Rather, uner the Constitution, copyright was 
designed primarily for the benefit of the public; for the benefit of the 
great body of people."

That sentiment and those words, "the great body of people," are heard so 
seldom in Washington these days.

Think Different :)


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