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PIPA/SOPA

 

The Shakespeare Conference: SHK 23.034  Monday, 30 January 2012

 

[1] From:         Gabriel Egan < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >

     Date:         January 29, 2012 12:49:18 PM EST

     Subject:     Re: SHAKSPER: PIPA/SOPA 

 

[2] From:         Larry Weiss < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >

     Date:         January 29, 2012 8:52:06 PM EST

     Subject:     Re: SHAKSPER: PIPA/SOPA 

 

 

[1]-----------------------------------------------------------------

From:         Gabriel Egan < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >

Date:         January 29, 2012 12:49:18 PM EST

Subject:     Re: SHAKSPER: PIPA/SOPA

 

Larry Weiss thinks that

 

>The scope of copyright protection (although

>not its duration) is the same it was when the

>current Act was adopted in 1976 and pretty much

>the same as it was under the prior law,

>enacted in 1909.

 

This comment is contradicted by the judgement in “Bridgeman Art Library v. Corel Corp.” (1999), which established that in the US a photograph of an artwork is not itself a new work that enjoys copyright.

 

The Digital Millennium Copyright Act (1998), on the other hand, criminalizes the circumvention of digital locks for the purpose of accessing locked material even when that material itself enjoys no copyright protection.

 

So, the situation has changed substantially since 1909.

 

In case anyone thinks that all this has little bearing on Shakespearian scholarship, I’ll mention just one relevant application. EEBO images derived from microfilms of books in the Huntington Library retain the library’s assertion of its rights over those images. The validity of that assertion depends upon complex judgements about the amount of creativity embedded in microfilm reproduction and subsequent digitization.

 

Far from being the settled matter Weiss thinks it is, copyright law is the battleground upon which is being fought, right now, the contest for the world’s cultural heritage.

 

Gabriel Egan

 

[2]-------------------------------------------------------------

From:         Larry Weiss < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >

Date:         January 29, 2012 8:52:06 PM EST

Subject:     Re: SHAKSPER: PIPA/SOPA

 

>I might point out that things previously unthinkable are now commonplace 

>in post-9/11 America. Maybe if SOPA/PIPA fails of passage the 

>government will use another method with which it has already had such 

>great success: the CIA tracks down the offenders and the president 

>orders them killed.  

 

We all know that has happened; but I wonder which of the deaths Bob Projansky prefers not have occurred -- bin Laden? Awaki?

 

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