Copyright by Neil Weinstock Netanel Summary
Warning: Neither this summary nor this book should not be treated as legal advice. Rather, this book explains how United States copyright law generally works and the debates surrounding copyright (which this summary does not get into). It does not include anything related to copyright such as trademarks or patents. Please consult a real lawyer before making any legal decisions.
Copyright means that authors are the only people who may:
- copy
- distribute
- make “derivative works” (i.e. translations, movie versions, etc.). This also includes improvements.
- publicly perform and display their work.
Rights are transferable. Recipients may defend their copyrights (even from original authors). If there is more than one author for a particular work, each party gets an equal share and may choose to give rights to whomever they want regardless of who did more.
Copyright puts public benefit before authors. It only protects works with creative expression, not functional works. Works must be “original” and recorded on anything that can be access content later (i.e. writing, documents, recordings, etc.). Copyright automatically applies once work has been recorded. It will last 70 years after the author's death.
- Patents protect functional works with a 20 year monopoly
- Trademarks identify the source of a good or service
- Neither of the listed items are the same as copyright.
Copyright is not property. Therefore, it is not protected by the Constitution. Copyright may also restrict free speech to prevent infringement. You can still copy ideas, but change its expression to spread a message. Copyright only protects expressions, not ideas. For instance, you can talk about communism without copying straight from The Communist Manifesto.
Bypass Copyright
There are ways to bypass copyright. Fair use allows you to use work as long as there is “transformative use.” Transformative means using work for different expression. Statutory licenses allow users to use work with no permission from the owner. A “fair” rate must be set for the owner.
Copyright is Complicated
It is very cumbersome with all the licenses, rights, transfers, and legal-talk that make up copyright. Examples include music licensing and orphan works (work that might be copyrighted, but no one knows; you can get sued for using orphan works.).
There are many debates over technology and how it should be used with respect to copyright. There are many sides and many issues to tackle with. Unfortunately, reform will be difficult because there will always be someone who loses out.
Further complicating copyright is the fact that copyright industries and authors may choose not to sue for certain infringing works. This may be because the infringing works provide them benefit. They may choose to sue at any time, however.
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