This letter written on behalf of the Society of American Archivists expresses one group’s opposition to the CTEA and the need to oppose such a passing of an act. They argue that the law disrupts the balance between public and private interests and will have a negative impact on the public’s use of unpublished materials for teaching, scholarship and research. The point of the Society is to make things available to the public and they believe that such an extension will inhibit their ability to make things available and useable to the public. Maher on behalf of the society argues that there should be a vigorous public domain and protections for the rights of holders of intellectual property as well. They believe that too short of a copyright may discourage new works but too long of a period may limit the creation of new discoveries and Congress must maintain a balance between the interests of authors and the rights of the public. Maher argues that, “no extension of copyright term should be contemplated until there are available solid analysis of the likely impact of such an extension on the creation of new knowledge”. He goes on to say that the Society is troubles by the effect the extension may have on the use of unpublished material that is found in archives and that courts have continues to restrict the application of fair use, which applies, to archives. The final argument Maher makes is that the Society believes that only a few individuals of heirs and corporations would benefit from the extension of such an extension.
This letter is important because it takes the perspective of an organization that finds the passing of the CTEA to be unbeneficial and detrimental to their work. It is important to my paper because it takes a different perspective, a more personal perspective in a sense. The argument they make is not just for the public domain but also rather for the balance which is something that has not been argued for in other articles.
James Boyle, an advocate for the public domain, writes in his first chapter, the importance of intellectual property and how it is supposed to not only create incentives for innovation but also to create feedback that, “dictates the contours of information and innovation production”. Boyle recognizes that copyright law is intended to allow an artist to make a living if their works are able to be protected by copyright, however, the extent of the copyright is what he critiques. He writes, “the rights that were supposed to be limited in time and scope to the minimum monopoly necessary to ensure production become instead a kind of perpetual corporate welfare- restraining the next generation of creators instead of encouraging them”. Boyle believes that the extension of copyright is in the favor of large corporations who wish to seek profit rather than seek creation, which is the basis for the copyright law. He continues to write that he believes that the goal of the system (protection laws as a whole) should be monopolized only as long enough to provide incentives and then should be released into the public domain so that the public can benefit as well. He also points out that for most owners make all the money they will receive within five or ten years and that the remaining years are of little use. Another point Boyle also makes is that there are many works that have unidentified copyright owners or owners that just cannot be found which can be difficult for libraries who need permission to reproduce that material and therefore cannot if they cannot find the owner. This he believes is harmful to the public and does not allow them access to something that one may have permission to use but simply cannot get that permission due to the lack of information about the owner. Boyle argues that the extension of copyright law was lengthened without any evidence that it would encourage innovation.
James Boyle’s argument for the protection of the public domain is convincing and it is convincing as my opposing argument for my paper. He provides an argument unlike other arguments that I have found because he not only discusses the corporate perspective but also the length of time that an owner actually receives payment for his work under copyright law. His argument is important to my paper because it provides a counter-argument that is strong and concise.
This article is an important source bringing together the ideas we have been discussing in class about ownership, parody and the public domain. It would be a very important source in discussing and interpreting the Koons v. Rogers case in more depth in terms of the public domain, the economic factors, and the First Ammendment Act. The test for economic harm is whether the copy takes so much from the original that it "serves as a replacement for that original". A photograph of String of Puppies in a gift store of an art gallery may very well do just that. In other words people may be more incline to buy a postcard of the more famous artist, Koons' work, than from some less well-known artist, such as Rogers.
The primary function of the World Intellectual Property Organization (WIPO) is to develop intellectual property systems (IPS). According to the website, “The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva, Switzerland.”
The core business model and strategic direction of the WIPO is to promote a strong IP culture, to integrate IP into development policies, to develop international IP laws, to deliver quality services in global IP protection systems and to increase the use and efficiency of WIPO’s management and support processes.WIPO is organized by committees, assemblies and other decision-making bodies and currently has 184 member states. These member states are primarily concerned with the administration of IP policy. According to the website, “Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.”