From eighteenth-century copyright law, to current-day copyright issues on the internet, to tomorrow's "celestial jukebox"--a digital repository of books, movies, and music available on demand--Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. One of the nation's leading authorities on intellectual property law, Goldstein offers an engaging, readable, and intelligent analysis of the effect of copyright on American politics, economy, and culture.
Goldstein presents and analyzes key legal battles, including Supreme Court decisions on home taping and 2 Live Crew's contested sampling of Roy Orbison's "Pretty Woman." In this revised edition, the author expands the discussion to cover electronic media, including an examination of recent Napster litigation, the Digital Millennium Copyright Act, and the vexed Secure Digital Music Initiative, under which record companies attempted to develop effective encryption standards for their products.
Praise for the first edition:
"A clever and vibrant book that traces copyright history from the invention of the printing press through current challenges to copyright from new technologies . . . . Most compelling on] multimedia technologies."
--Sabra Chartrand, The New York Times
"This eminent authority writes with clarity, lucidity and a wry sense of humor about a subject whose complexities can be daunting."
--Jonathan Kirsch, Los Angeles Times
"A wonderfully American tale of how law, literature, politics and megabucks intersect."
--William Petrocelli, San Francisco Chronicle
Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive "sword and shield" approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy--especially in an era of changing attitudes about media.
Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property--patent, copyright, trademark, and trade secret--and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps.
The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.
A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed.
Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius.
They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.
This one-of-a-kind user's guide to successful lobbying for defense appropriation draws on Matthew R. Kambrod's forty-plus years of experience both in the Pentagon as a military officer and on Capitol Hill as a lobbyist. The book presents step-by-step instructions for the lobbyist along with detailed information that only someone with the author's background could provide. He understands how the system works and shows how, when lobbying is conducted within the boundaries of propriety, the process can efficiently benefit lawmakers and defense officials as well as industry. A former Deputy for Aviation to the Assistant Secretary of the Army for Research, Development, and Acquisition and a current lobbyist for the defense industry, Colonel Kambrod leads the reader through the annual lobbying process, explaining how the armed services establish their requirements for defense programs and how the annual budget is formulated. He also addresses the all-important distinction between "funded" and "unfunded" requirements; defines the roles played by the military, industry, and Congress; and lists the steps to be taken to develop arguments in the pursuit of congressional funding. Topics of general interest, such as campaign contributions, abuse of power, and possible lobbying reforms, are included along with a practical list of lessons learned and an appendix filled with samples of useful documents. In demystifying the process of lobbying for defense dollars, the author provides an essential tool for everyone interested in the subject both lobbyists and all those who must interact with them.
Since the rise of Napster and other file-sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motion Picture Association of America, for instance, claimed that in 2005 the film industry lost $2.3 billion in revenue to piracy online. But here Adrian Johns shows that piracy has a much longer and more vital history than we have realized--one that has been largely forgotten and is little understood.
Piracy explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet in the twenty-first. Brimming with broader implications for today's debates over open access, fair use, free culture, and the like, Johns's book ultimately argues that piracy has always stood at the center of our attempts to reconcile creativity and commerce--and that piracy has been an engine of social, technological, and intellectual innovations as often as it has been their adversary. From Cervantes to Sonny Bono, from Maria Callas to Microsoft, from Grub Street to Google, no chapter in the story of piracy evades Johns's graceful analysis in what will be the definitive history of the subject for years to come.
Drawing on unprecedented access to the Supreme Court justices and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive, news-breaking account of one of the most momentous political watersheds in recent American history.
A journalist's profile of Los Angeles juvenile court and its judges, lawyers, probation officers, and children focuses on five specific troubled minors and reveals the system's impact on their lives and their prospects
How did America become a nation that tortured prisoners, spied on its citizens, and gave its president unchecked powers in matters of defense? Has justice been the greatest casualty of the war on terror?After the attacks of September 11, 2001, the Bush administration swiftly began to rethink its approach to national security. In a series of memos and policy decisions, many top secret and only made public much later, the administration s lawyers dismissed the Geneva conventions as quaint, justified the torture of suspected terrorists, argued that the president in his capacity as commander in chief was bound by no laws in defending the nation at home and abroad, and approved a domestic surveillance program that flagrantly violated US law.In Justice at War, David Cole takes a critical look at the men who made the decisions that shaped America s war on terror. After September 11, Attorney General John Ashcroft aggressively expanded federal law enforcement powers. John Yoo, who served in the Justice Department s Office of Legal Counsel, drafted some of the most controversial memos justifying torture. David Addington, Dick Cheney s counsel, argued for virtually unlimited presidential power. Alberto Gonzales, Bush s counsel, seemed willing to defend the president s view on any issue.
Yet Cole believes that America can prevail against the threat of terror, not by dismantling the checks and balances that guarantee the fairness of our justice system but by restoring them. He discusses how Michael Mukasey, the new attorney general, may try to improve the Justice Department s tattered reputation. He explains why the Supreme Court rejected the president s claim of authority to try enemy combatants in military tribunals under rules that violated the Geneva conventions. And he considers arguments by legal scholars about the limits of constitutional protections when the nation is under the threat of terrorism.Yet above all we must remember that the Constitution embodies principles that we should not give up in times of fear, Cole argues: Both the strength and security of the nation in the struggle with terrorists rest on adherence to the rule of law, including international law, because only such adherence provides the legitimacy we need if we are to win back the world s respect. "
Bestselling author Jeffrey Toobin takes you into the chambers of the most important--and secret--legal body in our country, the Supreme Court, and reveals the complex dynamic among the nine people who decide the law of the land.
Just in time for the 2008 presidential election--where the future of the Court will be at stake--Toobin reveals an institution at a moment of transition, when decades of conservative disgust with the Court have finally produced a conservative majority, with major changes in store on such issues as abortion, civil rights, presidential power, and church-state relations.
Based on exclusive interviews with justices themselves, "The Nine" tells the story of the Court through personalities--from Anthony Kennedy's overwhelming sense of self-importance to Clarence Thomas's well-tended grievances against his critics to David Souter's odd nineteenth-century lifestyle. There is also, for the first time, the full behind-the-scenes story of "Bush v. Gore"--and Sandra Day O'Connor's fateful breach with George W. Bush, the president she helped place in office.
"The Nine" is the book bestselling author Jeffrey Toobin was born to write. A CNN senior legal analyst and "New Yorker" staff writer, no one is more superbly qualified to profile the nine justices.
The grandson of slaves, born into poverty in 1892 in the Deep South, A. G. Gaston died more than a century later with a fortune worth well over $130 million and a business empire spanning communications, real estate, and insurance. Gaston was, by any measure, a heroic figure whose wealth and influence bore comparison to J. P. Morgan and Andrew Carnegie. Here, for the first time, is the story of the life of this extraordinary pioneer, told by his niece and grandniece, the award-winning television journalist Carol Jenkins and her daughter Elizabeth Gardner Hines.Born at a time when the bitter legacy of slavery and Reconstruction still poisoned the lives of black Americans, Gaston was determined to make a difference for himself and his people. His first job, after serving in the celebrated all-black regiment during World War I, bound him to the near-slavery of an Alabama coal mine--but even here Gaston saw not only hope but opportunity. He launched a business selling lunches to fellow miners, soon established a rudimentary bank--and from then on there was no stopping him. A kind of black Horatio Alger, Gaston let a single, powerful question be his guide: What do our people need now? His success flowed from an uncanny genius for knowing the answer. Combining rich family lore with a deep knowledge of American social and economic history, Carol Jenkins and Elizabeth Hines unfold Gaston's success story against the backdrop of a century of crushing racial hatred and bigotry. Gaston not only survived the hardships of being black during the Depression, he flourished, and by the 1950s he was ruling a Birmingham-based business empire. When the movement for civil rights swept through the South in the late 1950s and early 1960s, Gaston provided critical financial support to many activists. At the time of his death in 1996, A. G. Gaston was one of the wealthiest black men in America, if not the wealthiest. But his legacy extended far beyond the monetary. He was a man who had proved it was possible to overcome staggering odds and make a place for himself as a leader, a captain of industry, and a far-sighted philanthropist. Writing with grace and power, Jenkins and Hines bring their distinguished ancestor fully to life in the pages of this book. Black Titan is the story of a man who created his own future--and in the process, blazed a future for all black businesspeople in America.