Copyright in a Digital Age
Fall 2009 Prof. Tarleton Gillespie http://blogs.cornell.edu/copyrightinthedigitalage09/
We're in the midst of a contentious legal and cultural battle about copyright law and its role in a digital context. Decisions made now will not only influence the music and movie industries, consumers and fans, artists and filmmakers, they will also help define the Internet as a medium of communication. As these controversies are slowly being settled, recognition of the broader issues and concerns that they raise remains sporadic. In this class, we will look at recent legal battles in the context of the historical and ideological relationships between authorship, technology, commerce, law, and culture. We will uncover important issues for cultural participation in a digital world: who gets to speak, what they can say, who will hear, under what conditions communication can occur, and with what consequences. We will consider how the law acts as an arena for the collision of authorship and the market, technology and expression, individual and institution, culture, and power.
The most important assignment is to read all of the materials thoroughly; I expect everyone to participate fully in class discussions, and this can only work if you have given the readings your full attention.
To deepen our conversation, you will keep a personal blog on the topic. Every week you will need to add at least one substantial post, in response to the readings or to a specific question from me. Every week you will also need to read, comment on, and rate at least five posts from your classmates every week. You may also use your blog to recommend sites or news relevant to the course, or to try out ideas and expand the conversation as you see fit. However, those posts from your individual blogs rated highest by your classmates will aggregate to a single, public course blog, and I will be inviting some of the scholars you're reading to visit and comment on the course blog, so your posts must be thoughtful, insightful, and ready for public consumption by experts in the field.
A midterm paper, 6-8 pages in length responding to a specific question, will be due in week 6.
A final research paper, 15-20 pages, due during exam period, will deal witheither some conceptual aspect of these debates or some emerging controversy we didn't address -- the topic will be your choice, in consultation with me and with the class. You will be required to turn in a proposal, a rough draft, and then a final version.
blog participation: 20%
midterm paper: 30%
final research paper: 40%
The readings are all available online. Check the online syllabus for links and instructions.
Sept 2 -- Introduction: law, culture, and the market (and go over the blog assignment)
Shalini Venturelli, 2000. "From the Information Economy to the Creative Economy: Moving Culture to the Center of International Public Policy."
Stanford University Libraries, Copyright and Fair Use, "Copyright FAQ" sections A-D onlySept 9 -- Copyright: edges
Stanford University Libraries, Copyright and Fair Use,Sept 14 -- Copyright: history and justification
Carla Hesse, 2002. "The Rise of Intellectual Property, 700BC-AD 2000: An Idea in the Balance," Daedalus 130(2): pp.26-45.
Howard Becker, 1982. "Art Worlds and Collective Activity" Ch 1 of Art Worlds. read pp 1-24, 34-39. available in Google BooksSept 21 -- Conceptual challenges: the economics of information
Yochai Benkler, 2006. "Some Basic Economics of Information Production and Innovation," Ch 2 of The Wealth of Networks: How Social Production Transforms Markets and Freedom.Sept 23 -- Digital challenges: duplication and distribution, economic
National Research Council. 2000. "The Emergence of the Digital Dilemma," Ch 1 of The Digital Dilemma: Intellectual Property in the Information Age. read 23-46.Sept 28 -- Digital challenges: duplication and distribution, technical
Jonathan Sterne, 2006. "The MP3 as Cultural Artifact." New Media & Society 8.5: 825-842. Jonathan Zittrain, 2008. "Battle of the Networks," Ch 2 of The Future of the Internet, and How to Stop It: 19-35.Sept 30 -- Digital challenges: technical protections
Lawrence Lessig, 2006. "What Things Regulate," Ch 7 of Code v2.0.
midterm paper due
Charles Mann, 2000. "The Heavenly Jukebox." Atlantic Monthly, September.Oct 7 -- CASE 1: file-sharing, Napster, and individual lawsuits
Orin Kerr, 2007. "How to Read a Judicial Opinion: A Guide for New Law Students"Oct 12 -- fall break
Oct 14 -- CASE 1: file-sharing, Napster, and individual lawsuits
Nate Anderson, 2007. "Copyright lawyer tells universities to resist 'copyright bullies'" Ars Technica September 28.
U.S. Code, Title 17, Chapter 12Oct 21 -- CASE 2: DRM, DMCA, Reimerdes
Universal v. Reimerdes, 111 F. Supp. 2d 346 [S.D.N.Y. 2000] - Injunction, August 17, 2000
Viacom complaintOct 28 -- CASE 3: YouTube
Principles for User-Generated Content Services -- Foster Innovation. Encourage Creativity. Thwart Infringement.Nov 2
paper proposals due
Complaint against Google Inc. Document filed by The Author's Guild (September 20, 2005)Nov 9 -- CASE 4: Google Books
Google, 2008. "Authors, Publishers, and Google Reach Landmark Settlement." October 28.Nov 11 -- The future?: free culture, remix, mashup, best practices -- Screening: "Rip: A Remix Manifesto"
Rebecca Tushnet, 2008. "User-Generated Discontent: Transformation in Practice," Columbia Journal of Law & Arts, 31.
Chris Anderson, "Free: Why $0.00 is the Future of Business" Wired 16.3.Nov 18 -- The future?: technical constraints persist
Julie Cohen, 2006. "Pervasively Distributed Copyright Enforcement." Georgetown Law Journal 95.Nov 23 -- The future?: revise copyright law
rough draft of paper due
Lawrence Lessig, 2004. "Afterword" in Free Culture. pp. 273-306.Nov 25 - Thanksgiving
Graham Longford, 2005. "Pedagogies of Digital Citizenship and the Politics of Code." Techné: Journal of the Society for Philosophy and Technology 9(1): 68-96.Dec 2 -- Conclusion: communication in the context of the market
Eva Hemmungs Wirtén. "Out of Sight and Out of Mind: On the Cultural Hegemony of Intellectual Property (Critique)." Cultural Studies 20.2 (2006): 282-291.final paper due during exam week
From the Cornell "Code of Academic Integrity":|
"Absolute integrity is expected of every Cornell student in all academic undertakings. Integrity entails a firm adherence to a set of values, and the values most essential to an academic community are grounded on the concept of honesty with respect to the intellectual efforts of oneself and others. Academic integrity is expected not only in formal coursework situations, but in all University relationships and interactions connected to the educational process, including the use of University resources. While both students and faculty of Cornell assume the responsibility of maintaining and furthering these values, this document is concerned specifically with the conduct of students.
A Cornell student's submission of work for academic credit indicates that the work is the student's own. All outside assistance should be acknowledged, and the student's academic position truthfully reported at all times. In addition, Cornell students have a right to expect academic integrity from each of their peers."
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