Promises to Keep: Technology, Law, and the Future of Entertainment

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Author: William W. Fisher

ISBN-10: 080475845X

ISBN-13: 9780804758451

Category: Intellectual Property Law

“Digital technologies have given society an extraordinary cultural potential. If that potential is to be made real, we must reconcile it with the legitimate and important claims of copyright. In this beautifully written and careful work, Fisher, more completely than anyone else, maps the choices that we might make. He argues for a choice that would produce enormous social good. And while not everyone will agree with the conclusions he draws, no one who cares seriously about creators or...

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During the past fifteen years, changes in the technologies used to make and store audio and video recordings, combined with the communication revolution associated with the Internet, have generated an extraordinary array of new ways in which music and movies can be produced and distributed. Both the creators and the consumers of entertainment products stand to benefit enormously from the new systems. Sadly, we have failed thus far to avail ourselves of these opportunities. Instead, much energy has been devoted to interpreting or changing legal rules in hopes of defending older business models against the threats posed by the new technologies. These efforts to plug the multiplying holes in the legal dikes are failing and the entertainment industry has fallen into crisis. This provocative book chronicles how we got into this mess and presents three alternative proposals—each involving a combination of legal reforms and new business models—for how we could get out of it.

1The promise of the new technology112The baseline : entertainment law and practice in 1990383What went awry824Taking property rights seriously1345Online entertainment as a regulated industry1736An alternative compensation system199AppWhere does the money go?259