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Universal Copyright is Indispensible in this global world

The full volume of discussions and presentations od documents from 1100 to today

Jacques Coulardeau, Copyright & Fair Use have it happy and light on Kindle (80)

Freedom of Expression

and Copyright

The Foundations of All liberties

First, THE DOCUMENTS

For the last twenty years a rivalry if not even worse between the USA and the European Union has been going on in the field of intellectual property. The emergence of the internet and virtual communication has accelerated the IP divide between the two continents. The USA decided to join the Berne Conference and WIPO some forty years ago. It upgraded its copyright laws in 1976 and then again in 1998 to be on a similar standing as the EU.

Yet Europe, led in that by France refuses to negotiate anything having to do with intellectual property with the USA: that’s what they call the cultural exception. The result is a catastrophe. Since works are protected in the whole world under the copyright specification of the country in which they are first registered, the USA is dominant in the cinema, video art, television, music and even as for that in all printed matters. But Europe is nicely caressing the idea of widening the divide by projects that are sort of hectic.

The first one of these is the intention to force all research publications that have received some public money in the research per se or the publication of it to go open access. This means the ruin of scientific publishing in Europe. Publishers have already opened autonomous subsidiaries in the USA to evade the problem.

But what’s more the linguistic problem of Europe and of scientific research is multiplying the divide with linguistic dynamite: that’s what they call cultural diversity. Scientific research has to be in English at world level today and for still quite a few more years. Researchers are then balancing the difficulty of writing in English or having their work translated on one hand and publishing directly in the USA to be on the international market directly on the other hand. And so far they have not found a third hand in that game Their future then is a vast exodus out of Europe, and with the Internet they will be able to stay in our capital cities or mountains and work in constant contact with New York or Los Angeles.

And the cinema is not better since today no great film, great in quality as well as in audience, can be produced on a national basis and has to be co-produced with an American studio if possible. What can European studios do when they have to work with Hollywood? Not much, even the French studios in spite of their vanity. And the second most important intellectual property practice of the USA is coming as a stow-away in the holds of coproduction. That seems to make Europeans slightly feverish and the French are frankly burning hot if not burning out. The advantage of fair use is that every field has negotiated or is negotiating statements of best practices in fair use that are logical for one and a lot more protective to IP than the European never ending and always growing list of exceptions as they call them (exemptions would be too nice for that systematic practice).

This stake is central to the future because it determines the level of creativity, productivity, invention and growth we will have in the coming years. The Americans and the Europeans, like ostriches with their heads in the sand or like two male reindeer fighting for a female and that forget the hunters are not very far, just don’t seem to know two countries are nicely moving in the wings and recuperating what we forget to defend. Russia and China are smiling nicely and they just wait for the chestnuts to be well roasted on the hot plate of the Western apes who are fighting about whether they have to wear gloves to shake hands.

Whos is the creep?

Some are getting realistic but then they can only speak of the Chinese thieves who are stealing everything and of the Russian ruffians who are misappropriating anything they can. How naïve! We have already said that about the Japanese. We know the result. And the CIA is only manipulating the various Latin American countries to get rid of the left-leaning governments, ignoring that the new governments are business people who will understand the discourse of China one hundred times more than the left leaning governments of before that adored corruption essentially because they were unable to prevent it. Trump seems to have understood that there may be something to do in a new commercial direction but isn’t he too late?

The Chinese are reducing their coal mines at a speed that seems to be very sickening to some and Trump would reopen his coal mines? Funny indeed. One more promise that will get laminated within six months. And he will then discover that he won’t be on Mars first because he does not have the human means to do it. Tesla, Google and Apple, among others, will invest at global level and not in the rose garden of the White House and Europe for them is at most a cabbage patch in a vegetable garden in fact quite invaded with stinging nettles and thistles.

But Trump will win one battle for sure as long as China is not trying to conquer the world at that level: he will impose the US copyright and its Fair Use to the whole world, not because it is American but because it works for one and it is the best equilibrium Intellectual property can build.

So here is a full volume to answer all you have to ask about the history of the freedom of expression and the emergence of copyright in our world, an invention that is to stay and has a long future ahead, because it is the best protection possible of intellectual property

Enjoy the trip.

My personal commentaries and presentations of each document are published as a Kindle book and all the documents are made available in open access in one volume you can find at https://www.academia.edu/31829015/Freedom_of_Expression_and_Copyright_The_Foundations_of_All_Liberties.

Annunzio Coulardeau, Back from Biloxi

Second, Kindle Edition Presentation

Intellectual Property is a crucial asset in modern economy, hence in the modern world that is being globalized thanks to the far-reaching development of networks, the cloud, and even the intercloud of Kevin Kelly. The only regulatory force is Copyright (and Patents for inventions).

This volume starts exploring the emergence of freedoms in the western world in 1100 in England and follows it till 2016 in the world, though the approach is centered on the USA, hence with Copyright and Fair Use, the former being meaningless without the latter which is the recognition of the moral rights of the author, moral rights that plunge their roots in the common law of intellectual property, moral rights that are perpetual.

This volume only contains the commentary and reflections based on the numerous documents. I have collected all the documents in one file that I have uploaded on a research site and it is free and open access. The documents collected there are under fair use and they are all available on the Internet anyway. The file containing the documents can be reached at https://www.academia.edu/31829015/Freedom_of_Expression_and_Copyright_The_Foundations_of_All_Liberties.

You can of course neglect going to the documents (550 pages and 443,000 words. But then you will have to take my word for everything I say, which is not the best thing to do. Do check the documents.

The general idea is that freedom of expression is the first freedom to develop since there cannot be any discussion, negotiation or bargaining if that freedom does not exist. The crucial event showing the emergence of this freedom as a freedom for all and not as a privilege for a few is the abolition of slavery which took place in Christian Europe after the religious reform of the 9th century and Charlemagne. This reform introduced 75 days of no-work-at-all for religious reasons: fifty-two Sundays and three week-long feasts: Nativity, Passion and Assumption, plus a few isolated days here and there.

This reform required a complete restructuring of society, and first of all agriculture. The green revolution it implied and caused required some homogeneous land ownership and status for all field workers. That was feudalism: the land was the property of barons (up to the King or Emperor) and church orders and parishes, and above all Benedictines. That implied then the proto-industrial revolution of the watermills in order to replace and compensate for human work.

Copyright was invented as a censorship tool in 1557 by Queen Mary 1st, and confirmed by Elizabeth 1st. This censorship of printed matters in England was paramount all along and through the 17th century. It is only Queen Anne in 1710 with her Statute of Anne who liberated publishing from this censorship and gave copyright to the sole authors; That determined a tremendous freedom of expression, and the first printed press. It also gave rise to tremendous innovation with engravings and etchings: England finally caught up on the Germans and the Dutch, mainly though not only.

But this copyright remained limited because it did not recognize the moral rights of the author, since intellectual property that is perpetual in common law was declared repealed by the first publication of any work that cast the work entirely in the only economic or patrimonial, plainly commercial dimension. That has practically not changed in Great Britain since the decision of the House of Lords of 1774.

The USA did things differently and they kept the common law active. It took them to move from a copy-cat legislation (inscribed in the Constitution itself) reproducing the English legislation to change around the middle of the 19th century and the emergence of moral rights under the concept of “fair use” that will only be integrated in the Copyright Act of 1976. And that’s where we stand today: copyright + Fair Use are the best protection possible of intellectual property in the world.

Dr. Jacques COULARDEAU

Product Details

File Size: 1606 KB

Print Length: 492 pages

Simultaneous Device Usage: Unlimited

Publisher: Editions La Dondaine; 1 edition (March 13, 2017)

Publication Date: March 13, 2017

Sold by: Amazon Digital Services LLC

Language: English

ASIN: B06XNJZ4W6

Text-to-Speech: Enabled

X-Ray: Not Enabled

Word Wise: Enabled

Lending: Not Enabled

Enhanced Typesetting: Not Enabled

US$5.00 — €4.68 — £4.19

Just dive into these 500pages

TABLE OF CONTENTS

Documents

(The page numbers correspond to the open access volume of documents.)

The commentaries and presentations that are published separately in a Kindle edition represent in size about 40% of the size of this volume of documents. These commentaries and presentations contain about 154,000 words with a 5,740-word synthetic introduction as compared to 443,000 words in this volume of documents. I would advise you to get to this Kindle volume launched on March 15, 2017. This Kindle volume contains a lot of complementary resources on various legal aspects or national systems necessary to assess the future of Copyright in the world.

(P.4 Preliminary Note

P.5 Table of Contents

P.9 Charter of Liberties of Henry I, 1100

P.11 Magna Carta, The Great Charter of English liberty granted (under considerable duress) by King John at Runnymede on June 15, 1215

P.17 Medieval Torture and Punishment

P.29 The 10 Most Gruesome Torture Techniques From Medieval Europe

P.36 THE CHARTER OF KURUKAN FUGA (1235–1236) (By SIRIMAN KOUYATE)

P.39 William Wallace (1272–23 August 1305)

P.39 Blind Harry’s Wallace, by William Hamilton of Gilbertfield, introduction by Elspeth King and Illustrations by Owain Kirby, reviewed by Sharma Krauskopf and rated

P.42 UTOPIA, Sir Thomas MORE

P.79 Stationers Company Charter Granted by Philip and Mary and confirmed by Elizabeth I. [1557]

P.82 John STUBBS, The Discovery of a Gaping Gulf Whereinto England is like to be Swallowed by Another French Marriage, if the Lord Forbid Not the Banes, by Letting Her Majesty See the Sin and Punishment Thereof.

P.84 William Shakespeare, Titus Andronicus

I propose an overview in depth

P.137 The King’s Majesty’s Declaration to His Subjects Concerning Lawful Sports to Be Used (1633)

P.141 The Petition of Right 1628

P.143 A DECREE OF STAR CHAMBER CONCERNING PRINTING. MADE JULY 11, 1637.

P.153 The Root and Branch Petition (1640)

P.157 June, 1643, An Ordinance for the Regulating of Printing.

P.159 AREOPAGITICA, A SPEECH OF Mr. JOHN MILTON 1644 For the Liberty of UNLICENC’D PRINTING, To the PARLAMENT of ENGLAND.

P.177 LEVIATHAN (Excerpts) By Thomas Hobbes 1651

P.201 The Declaration of Breda, (1660)

P.202 Charles II, 1662, An Act for preventing the frequent Abuses in printing seditious treasonable and unlicensed Bookes and Pamphlets and for regulating of Printing and Printing Presses.

P.201 Habeas Corpus Act (1679)

P.214 BILL OF RIGHTS (1689)

P.218 The Statute of Anne (1710)

P.221 Witchcraft Act of 1736

P.223 MARRIAGE AND LIFE EXPECTANCY, HARDWICKE’S MARRIAGE ACT 1753

Big debate on Intellectual property

P.227 The Case of JAMES SOMMERSETT, a Negro, on a Habeas Corpus, King’s Bench: 12 GEORGE III. A.D. 1771–72.

P.230 Donaldson v. Beckett, Proceedings in the Lords on the Question of Literary Property, February 4 through February 22, 1774

P.251 UNITED STATES DECLARATION OF INDEPENDENCE IN CONGRESS, JULY 4, 1776

P.253 UNITED STATES CONSTITUTION (September 17, 1787)

P.258 UNITED STATES CONSTITUTION, AMENDMENTS 1–10 (December 15, 1791) « Bill of Rights »

P.259 UNITED STATES CONSTITUTION, AMENDMENTS 11–27 (February 7, 1795- May 7, 1992)

P.264 COPYRIGHT IN THE USA, A TIMELINE, SUMMARY AND COMMENT. From 1787 to 2006

P.266 1st Copyright Law of the USA, enacted during the 2nd session of the 1st Congress, May 31, 1790, signed by President George Washington

P.268 THE SCARLET LETTER, 1850, by Nathaniel Hawthorne

P.345 EREWHON, OR OVER THE RANGE, Samuel Butler, 1872

P.422 Copyright Law, By Mark F. Radcliffe and Diane Brinson of DLA Piper Rudnick Gray Cary

P.425 U.S. Code: Title 17 — COPYRIGHTS

P.429 WIPO Copyright Treaty (adopted in Geneva on December 20, 1996)

WIPO Performances and Phonograms Treaty (WPPT) (adopted in Geneva on December 20, 1996)

P.445 Sonny Bono Copyright Term Extension Act. S.505 One Hundred Fifth Congress of the United States of America AT THE SECOND SESSION

P.450 The Campaign Against the Mickey Mouse Act, A sample of reactions

P.459 UNITED STATES SUPREME COURT, ERIC ELDRED ET AL v. JOHN D. ASHCROFT, ATTORNEY GENERAL — CASE N° 01–618

P.504 Copyright Royalty and Distribution Reform Act (2004)

P.524 The Sonny Bono Copyright Term Extension Act — Various Critical Resources

· First Document, Copyright case threatens Disney, David Teather in New York, The Guardian, Wednesday 20 February 2002 02.24 GMT

· Second Document, 10th anniversary of the Sonny Bono Copyright Term Extension Act: Can the good guys overturn it? (October 29th, 2008)

· Third Document, Opposing Copyright Extension, A Forum for Information on Congress’s Recent Extension of the Term of Copyright Protection and for Promoting the Public Domain

· Fourth Document, freeculture.org, STUDENTS FOR FREE CULTURE — MANIFESTO

· Fifth Document, Cereal Solidarity brought to you by freeculture.org

· Sixth Document, Lawrence Lessig’s Supreme Showdown, STEVEN LEVY, MAGAZINE, DATE OF PUBLICATION: 10.01.02

· Seventh Document, Art History Club, Sonny Bono Copyright Term Extension Act

· Eighth Document, CEPR, Center for Economic and Policy Research, “The Artistic Freedom Voucher: An Internet Age Alternative to Copyrights,” Dean Baker, November 5, 2003

P.541 FAIR USE, Documentary Filmmakers’ Statement of Best Practices in Fair Use (November 2005)

TABLE OF CONTENTS

COMMENTARIES & PRESENTATIONS

(The page indications are only accessory in this edition but they give the size of each presentation.)

(All documents are available in open access as indicated on the copyright page)

P.4 Introduction

P.10 Table of Contents

P.14 Charter of Liberties of Henry I, 1100

P.15 Magna Carta, The Great Charter of English liberty granted (under considerable duress) by King John at Runnymede on June 15, 1215.

P.19 Medieval Torture and Punishment

P.22 The 10 Most Gruesome Torture Techniques From Medieval Europe

P.23 THE CHARTER OF KURUKAN FUGA (1235–1236) (By SIRIMAN KOUYATE)

P.25 William Wallace (1272–23 August 1305)

P.26 Blind Harry’s Wallace, by William Hamilton of Gilbertfield Introduction by Elspeth King and Illustrations by Owain Kirby, reviewed by Sharma Krauskopf and rated

P.30 UTOPIA, Sir Thomas MORE

P.35 Stationers Company Charter Granted by Philip and Mary and confirmed by Elizabeth I. [1557]

P.37 John STUBBS, The Discovery of a Gaping Gulf Whereinto England is like to be Swallowed by Another French Marriage, if the Lord Forbid Not the Banes, by Letting Her Majesty See the Sin and Punishment Thereof.

P.38 William Shakespeare, Titus Andronicus

P.41 The King’s Majesty’s Declaration to His Subjects Concerning Lawful Sports to Be Used (1633)

P.43 The Petition of Right 1628

The green tornado

P.45 A DECREE OF STAR CHAMBER CONCERNING PRINTING. MADE JULY 11, 1637.

P.49 The Root and Branch Petition (1640)

P.52 June, 1643, An Ordinance for the Regulating of Printing.

P.53 AREOPAGITICA, A SPEECH OF Mr. JOHN MILTON 1644 For the Liberty of UNLICENC’D PRINTING, To the PARLAMENT of ENGLAND.

P.56 LEVIATHAN (Excerpts) By Thomas Hobbes 1651

P.60 The Declaration of Breda, (1660)

P.62 Charles II, 1662, An Act for preventing the frequent Abuses in printing seditious treasonable and unlicensed Bookes and Pamphlets and for regulating of Printing and Printing Presses.

P.64 Habeas Corpus Act (1679)

P.65 BILL OF RIGHTS (1689)

P.68 The Statute of Anne (1710)

P.71 Witchcraft Act of 1736

P.73 MARRIAGE AND LIFE EXPECTANCY, HARDWICKE’S MARRIAGE ACT 1753

P.76 The Case of JAMES SOMMERSETT, a Negro, on a Habeas Corpus, King’s Bench: 12 GEORGE III. A.D. 1771–72.

P.79 Donaldson v. Beckett, Proceedings in the Lords on the Question of Literary Property, February 4 through February 22, 1774

P.88 UNITED STATES DECLARATION OF INDEPENDENCE IN CONGRESS, JULY 4, 1776

P.91 UNITED STATES CONSTITUTION (September 17, 1787)

+ UNITED STATES CONSTITUTION, AMENDMENTS 1–10 (December 15, 1791) « Bill of Rights »

  • UNITED STATES CONSTITUTION, AMENDMENTS 11–27 (February 7, 1795-May 7, 1992)
Copycat too

P.94 COPYRIGHT IN THE USA, A TIMELINE, SUMMARY AND COMMENT of the following events:

§ 1787: U.S. Constitution

§ 1790: Copyright Act of 1790

§ 1831: Revision of the Copyright Act

§ 1834: Wheaton v. Peters

§ 1841: Folsom v. Marsh

§ 1853: Stowe v. Thomas

§ 1870: Revision of Copyright Act

§ 1886: Berne Convention

§ 1891: International Copyright Treaty

§ 1909: Revision of the U.S. Copyright Act

§ 1973: Williams and Wilkins Co. v. United States

§ 1976: Revision of the U.S. Copyright Act

§ 1976: Classroom Guidelines

§ 1976: CONTU Process

§ 1983: Encyclopedia Britannica Educational Corp. v. Crooks

§ 1986: Maxtone-Graham v. Burtchaell

§ 1987: Salinger v. Random House

§ 1988: Berne Convention

§ 1990: Circulation of Computer Software

§ 1990 Pierre N. Leval, “Toward a Fair Use Standard”

§ 1991: Basic Books, Inc. v. Kinko’s Graphics Corp., 758 F. Supp. 1522 (S.D.N.Y. 1991)

§ 1991: Feist Publications v. Rural Telephone Service Co., Inc., SUPREME COURT, 499 U.S. 340 (1991)

§ 1992: American Geophysical Union v. Texaco

§ 1992: Amendment to Section 304 of Title 17

§ 1993: Playboy Enterprises Inc. v. Frena

§ 1993: NII Initiative

That’s called fair use

§ 1994: Campbell v. Acuff-Rose Music Inc.

§ 1994: Working Group’s Green Paper

§ 1994: CONFU

§ 1995: Religious Technology Center v. Netcom

§ 1995: Release of the White Paper

§ 1996: TRIPS Agreement

§ 1996: Database Protection Legislation

§ 1996: Princeton University Press, MacMillan Inc., and St. Martin’s Press v. Michigan Document Services, Inc., and James Smith

§ 1996: World Intellectual Property Organization (W.I.P.O.)

§ 1998: Sonny Bono Copyright Term Extension Act

§ 1998: Digital Millennium Copyright Act

§ 1999: Bender v. West Publishing Co.

§ 1999: UCITA Passed by NCCUSL

§ 1999: Digital Theft Deterrence and Copyright Damages Improvement Act of 1999

§ 2000: Virginia Passed UCITA

§ 2000: Librarian of Congress Issued Ruling on DMCA

§ 2000: Register.com v. Verio

§ 2001: Greenberg v. National Geographic Society

§ 2001: New York Times v. Tasini

§ 2001: ElcomSoft Programmer, Dmitri Sklyarov, Arrested for Copyright Circumvention

§ 2001: State Sovereign Immunity

§ 2002: Consumer Broadband and Digital Television Promotion Act (S. 2048) Introduced in Senate

§ 2002: ABA Issues UCITA Report

§ 2002: U.S. Supreme Court Hears Challenge to 1998 Copyright Term Extension Act

Supreme ©

§ 2002: Senate Approves Distance Education Legislation

§ 2003: Eldred v. Ashcroft

§ 2003: Dastar Corp. v. Twentieth Century Fox Film Corp.

§ 2003: Kelly v. Arriba Soft

§ 2004: Chamberlain Group Inc. v. Skylink Techs. Inc.

§ 2004: Lexmark v. Static Control Components

§ 2005: Family Entertainment and Copyright Act

§ 2005: Faulkner v. National Geographic Society

§ 2005: American Library Association v. Federal Communications Commission

§ 2005: Metro-Goldwyn-Mayer Studios v. Grokster

§ 2005: Google Library Project

§ 2006: Field v. Google

§ 2006: Perfect 10 v. Google

§ 2006: HR 5439

§ 2006: Clean Flicks of Colo., LLC v. Soderbergh

P.142 1st Copyright Law of the USA, enacted during the 2nd session of the 1st Congress, May 31, 1790, signed by President George Washington

P.144 THE SCARLET LETTER, 1850, by Nathaniel Hawthorne

P.149 EREWHON, OR OVER THE RANGE, Samuel Butler, 1872

P.153 Copyright Law, By Mark F. Radcliffe and Diane Brinson of DLA Piper Rudnick Gray Cary

P.154 U.S. Code: Title 17 — COPYRIGHTS

P.158 WIPO Copyright Treaty (adopted in Geneva on December 20, 1996)

WIPO Performances and Phonograms Treaty (WPPT) (adopted in Geneva on December 20, 1996)

P.160 Sonny Bono Copyright Term Extension Act. S.505 One Hundred Fifth Congress of the United States of America AT THE SECOND SESSION

P.161 The Campaign Against the Mickey Mouse Act, A sample of reactions

P.165 UNITED STATES SUPREME COURT, ERIC ELDRED ET AL v. JOHN D. ASHCROFT, ATTORNEY GENERAL — CASE N° 01–618

P.180 Copyright Royalty and Distribution Reform Act (2004)

P.183 The Sonny Bono Copyright Term Extension Act — Various Critical Resources

1- First Document, Copyright case threatens Disney, David Teather in New York, The Guardian, Wednesday 20 February 2002 02.24 GMT

2- Second Document, 10th anniversary of the Sonny Bono Copyright Term Extension Act: Can the good guys overturn it? (October 29th, 2008)

3- Third Document, Opposing Copyright Extension, A Forum for Information on Congress’s Recent Extension of the Term of Copyright Protection and for Promoting the Public Domain

4- Fourth Document, freeculture.org, STUDENTS FOR FREE CULTURE — MANIFESTO

5- Fifth Document, Cereal Solidarity brought to you by freeculture.org

6- Sixth Document, Lawrence Lessig’s Supreme Showdown, STEVEN LEVY, MAGAZINE, DATE OF PUBLICATION: 10.01.02

7- Seventh Document, Art History Club, Sonny Bono Copyright Term Extension Act

8- Eighth Document, CEPR, Center for Economic and Policy Research, “The Artistic Freedom Voucher: An Internet Age Alternative to Copyrights,” Dean Baker, November 5, 2003

P.199 FAIR USE, Documentary Filmmakers’ Statement of Best Practices in Fair Use (November 2005)

1- FIRST APPROACH, WILLIAM F. PATRY — PATRY ON FAIR USE — 2014 EDITION

2- SECOND APPROACH, PATRICIA AUFDERHEIDE & PETER JASZI — RECLAIMING FAIR USE — 2011

3- THIRD APPROACH, DOCUMENTARY FILMMAKERS

Some think this is Europe in their final phase, playing their trump card with a poker liar

Editions La Dondaine

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To be made relative by fair use

© Dr. Jacques COULARDEAU, 2017

The moral right of the author has been asserted

All rights reserved

Cover Illustration

© Annunzio Coulardeau & Jacques Coulardeau

The moral right of the authors has been asserted

All rights reserved

This volume only contains the author’s commentaries and personal opinions and presentations of the various documents. The documents themselves are mostly available on the Internet but you can access them all in one open access volume at

Freedom of Expression and Copyright, The Foundations of All Liberties

https://www.academia.edu/31829015/Freedom_of_Expression_and_Copyright_The_Foundations_of_All_Liberties, uploaded March 12, 2017

The world without intellectual property
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