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To photographer Mike Hipple, the claim is baseless. The photo he took about 10 years ago of a woman standing near the "Dance Steps on Broadway" sculpture in Seattle's Capitol Hill is an example of fair use. If it's not, he reasons, the right of all photographers to take pictures in public will be in jeopardy.
His photo was, after all, "taken on a public sidewalk, showing a woman interacting with a piece of public art, paid for by public funds. And it only depicts a small portion of the artwork at that," Hipple wrote. "Now if this doesn't qualify as fair use of the sculpture, I don't know what does."
From the article:
Six book publishers have gained an injunction against file-hosting company, RapidShare. The Swiss-based ‘cyberlocker’ service must monitor user uploads to ensure that around 148 titles, many of them textbooks, are never made available to its users. Failure to do so could result in $339,000 fines, or even jail time for company bosses.
For those who don't know, RapidShare is site where one can upload files for off-site storage and distribution. It's that "distribution" that it's well known for as thousands of people upload larger files to the service with the intention of allowing others to download. Though it's well known in certain circles for hosting pirated content, it's strange that the first shot fired against it should come from the publishing industry rather than the recording or motion picture industries.
Moral Panics and the Copyright Wars is a book by William Patry. Patry is Senior Copyright Counsel at Google, Inc.
Wikipedia entry on Patry
Metaphors, moral panics, folk devils, Jack Valenti, Joseph Schumpeter, John Maynard Keynes, predictable irrationality, and free market fundamentalism are a few of the topics covered in this lively, unflinching examination of the Copyright Wars: the pitched battles over new technology, business models, and most of all, consumers.
In Moral Panics and the Copyright Wars, William Patry lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. Patry demonstrates how copyright is a utilitarian government program--not a property or moral right. As a government program, copyright must be regulated and held accountable to ensure it is serving its public purpose. Just as Wall Street must serve Main Street, neither can copyright be left to a Reaganite "magic of the market." -- Read More
Beyond "Harry Potter": 5 interesting tales of plagiarism
Rowling is hardly the first well-known writer to face plagiarism charges. The results of such charges tend to vary widely. Some end up dismissed as without merit, others ruin careers, and yet others seem simply to disappear.
Who controls the internet? Well, at the moment a trade agreement known as ACTA is being negotiated by the U.S., Japan, the European Union, Canada and more than a dozen other countries, and, if ratified, would significantly regulate what you can and can’t do online. ACTA’s rules will supersede each country’s local laws. Oh, and the whole affair is secret. Danny O'Brien of the Electronic Frontier Foundation explains the possible impact on net users worldwide.
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J.K. Rowling has been named in a lawsuit alleging she stole ideas for her wildly popular and lucrative "Harry Potter" books from another British author reports The Huffington Post.
The estate of the late Adrian Jacobs on Wednesday added Rowling as a defendant in a lawsuit it filed in June against Bloomsbury Publishing PLC for alleged copyright infringement, according to a statement released by the estate's representatives, who are based in Australia.
The lawsuit, filed in a London court, claims Rowling's book "Harry Potter and the Goblet of Fire" copied substantial parts of Jacobs' 1987 book, "The Adventures of Willy the Wizard – No. 1 Livid Land." Jacobs' estate also claims that many other ideas from "Willy the Wizard" were copied into the "Harry Potter" books. Jacobs died in London in 1997.
"Harry Potter and the Goblet of Fire" is the fourth book in Rowling's series and was published in July 2000.
An (Updated) Wired.com FAQ on the Google Books Project and the fight over a settlement. Federal judge Denny Chin will have the difficult job of sorting that out Thursday, as he gives the second version of the Google settlement a “fairness hearing.”
A novel by a 17-year-old in Berlin has risen high on the best-seller list and become a finalist for a major book prize, but the author has also received scathing criticism because she lifted some passages from someone else’s book. She even admits having copied an entire page with only a few changes. Although she has apologized for not being more open about her sources, she has also defended herself as the representative of a different generation, one that freely mixes and matches from the whirring flood of information across new and old media, to create something new. "There's no such thing as originality anyway, just authenticity," she said.
Google, copyright, and our future: Lawrence Lessig
The deal constructs a world in which control can be exercised at the level of a page, and maybe even a quote. It is a world in which every bit, every published word, could be licensed. It is the opposite of the old slogan about nuclear power: every bit gets metered, because metering is so cheap. We begin to sell access to knowledge the way we sell access to a movie theater, or a candy store, or a baseball stadium. We create not digital libraries, but digital bookstores: a Barnes & Noble without the Starbucks.
Why Even the Most Pirated E-Books of 2010 Won't Bring Down Publishing
O’Leary’s conversations with execs at digital rights firms suggest that content with smaller markets (selling fewer than 12,000 to 15,000 total units) priced at $100+ are most likely to feel the economic impact of piracy. He adds, “Books that have much wider audiences or that sell for much lower prices may be pirated more often, but the overall impact of piracy (revenue lost as a share of total sales) is not as great for these books.”