Digital Copyright: Protecting Intellectual Property on the Internet

by Jessica Litman

In 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media, such as major record labels and motion picture studios, and upstart Internet companies, such as MP3.com and Napster.

The general public is used to thinking of copyright (if it thinks of it at all) as marginal and arcane, and it hasn't paid much attention as legislation to expand copyright moved through Congress. But copyright law is central to our society's information policy, and affects what we can read, view, hear, use, or learn.

In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be governed by laws drafted without ordinary consumers in mind? Is it practical to enforce such laws, or expect consumers to obey them? Most important, what are the effects of such laws on the exchange of information in a free society? Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.
(front flap)

Genres: Nonfiction, Library Science, Technology, Grad School, Adult

208 pages, Hardcover

First published January 1, 2000

Reviews

[Lance Grabmiller · Rating 2 out of 5]

The history of copyright legislation in the United States is kind of fascinating but this feels very outdated now (published in 2001). The writing is a little rough as the other is very, very repetitious without needing to be.

[Federico · Rating 4 out of 5]

Err:509

[Phùng · Rating 5 out of 5]

good

[John Carter McKnight · Rating 4 out of 5]

A terrific little general-audiences book on how copyright law gets made, and the follies of the Napster-era process. Regardless of your political views, it's hard to come away from this book feeling anything other than despair and disgust towards the American political process.

Litman's a sharp-eyed analyst and critic, and always readable. The only flaw of this book is that it was assembled from previously-published articles, and tends towards repetition of key passage. This seems to be a flaw of short academic books in particular, for some reason, perhaps to make minimum page count.

Nonetheless, Digital Copyright is a quick and entertaining read, not an elucidation of the law, but of the process by which copyright laws have been made for the past century, and a critique of the follies it's led us to.

[Andy Oram · Rating 5 out of 5]

A little-known book, highly respected by peers in the intellectual property field, this account explains in clear language how the law evolved to the point where it is today, throwing bonds over creative efforts and weighing down intellectual productivity with absurd rules that never made sense in any era.

Litman patiently explores details and does not oversimplify, but her account moves along engagingly. The process that led to abominations such as anti-circumvention laws are based in horse-trading over the decades by rich, established industries trying to ward off challenges from innovators. A lot has happened since this book's publication, but the history and principles she offers are still highly relevant.

[Dave Peticolas · Rating 3 out of 5]

A discussion of copyright issues in the digital era. This is a very good, but depressing book. Of special interest is the way Littman describes the point of view of the other side (I'm presuming you are primarily a consumer of copyrighted works and not a 'content company' or a lawyer who represents same) and the reasons why the process which creates copyright legislation almost always neglects the consumer (i.e., the reader/watcher/listener/etc.). Try googling on copyright issues for more information.

[Alvaro Raba · Rating 3 out of 5]

Maybe a little too technical at some points, but Litman does make a point through this book. Copyright for Creative Industries is important as it concerns, artists, consumers and the industries themselves.
However, the laws that oversee this issues in the United States have failed to integrate these three groups and their interests within a comprehensible, useful and productive legal framework.
There is a conflict of interests in Copyright, and it is damaging the next generation of artists and creators beyond repair. Will we find a way to get to middle ground?

[Jennifer · Rating 2 out of 5]

The two stars are rather misleading as I thought that reading 200 pages on copyright law would make me shoot myself in the brain. Yes, it is boring. Super boring at points. But Litman brings up excellent points about copyright and fair use and sort of makes me all feisty at the way copyright law has become so all encompassing and terrible in the past decade. So, for a normal book, two stars. For a book on copyright law, 4 stars.

[Shoshanna · Rating 4 out of 5]

I read the second edition, from 2006. Only difference is there's a new afterward. The view on computers and technology are slightly dated because so much has changed, but technically the copyright law hasn't so it's still pretty accurate, especially in dealing with ethical issues, the historical treatment and functioning as a snapshot of that era.

The afterward is clearly from a different era and a new afterward today would be greatly helpful. Just keep tacking them on! :p

[Lane Wilkinson · Rating 4 out of 5]

A fantastic foray into the complexities of copyright law in the 21st century. Litman writes with an enviable clarity, despite the (sometimes) baffling subject matter. Any author who can (1) provide coherent explanation of copyright law, (2) acknowledge the limitations of such an inquiry, and (3) craft an entertaining exposition, deserves no less than 4 stars.

[mcburton · Rating 3 out of 5]

This is an important and detailed introduction to the current legal issues with Copyright. I personally didn't like Litman's colloquial style, but its definitely much more accessible that most other texts in this genre.

[John · Rating 2 out of 5]

More like 2.5. First half is pretty good, but second half is extremely tedious. The upshot is that copyright law (particularly DMCA) has not real discernible policy rationale. It's just a bunch of deals and sausage-making among industry interests

[Hannah · Rating 3 out of 5]

Tells the story of how the Digital Millennium Copyright Act was created.

[G · Rating 4 out of 5]

A smart and well-reasoned introduction to contemporary copyright law and its evolution.

[Kristi · Rating 3 out of 5]

For a school book, this is actually not bad. Pretty good writing style, and very informative.

[Ramona · Rating 3 out of 5]

A good book, but a person could read Larry Lessig and skip Litman without being sorry.