The Celestial Jukebox

Boubacar, a 15-year-old boy from Africa, moves to a rural Mississippi Delta town and soon visits The Celestial Grocery, the city center presided over by a cranky second-generation Chinese proprietor and his equally cranky jukebox. The tie that binds these lives is American popular music.

With the rising popularity of online music, the nature of the music industry is rapidly changing. Rather than buying albums, tapes, or CDs, music shoppers can purchase just one song at a time. It's akin to putting a coin into a diner jukebox--except the jukebox is out in cyberspace. But has increasing copyright protection gone too far in keeping the music from the masses? The authors show how the online music industry will establish the model for digital distribution, cultural access, and consumer privacy. Digital Music Wars explores the far-reaching implications of downloading music in an in-depth and insightful way.

A copyright expert traces the 300-year history of copyright, explains the concepts and rationale behind the idea of intellectual property rights, highlights noteworthy legal battles, and examines some of the issues now being debated in the courts, libraries, publishing and recording industries, and legislatures, in the wake of changing technology.

Starting with history of music copyright from its origins to the present, this in-depth, intriguing, and beautifully written book explores the music industry through a legal lens. Author Kevin Parks presents a practical overview of music rights and licensing, while at the same time providing perspective, context, and clarity amidst the chaos and ch

Musicians and music fans are at the forefront of cyberliberties activism, a movement that has tried to correct the imbalances that imperil the communal and ritualistic sharing and distribution of music. In Music and Cyberliberties, Patrick Burkart tracks the migration of music advocacy and anti-major label activism since the court defeat of Napster and the ascendancy of the so-called Celestial Jukebox model of music e-commerce, which sells licensed access to music. Music and Cyberliberties identifies the groups—alternative and radical media activists, culture jammers, hackers, netlabels, and critical legal scholars—who are pushing back against the “copyright grab” by major labels for the rights and privileges that were once enjoyed by artists and fans. Burkart reflects on the emergence of peer-to-peer networking as a cause célèbre that helped spark the movement, and also lays out the next stages of development for the Celestial Jukebox that would quash it. By placing the musical activist groups into the larger context of technology and new social movement theory, Music and Cyberliberties offers an exciting new way of understanding the technological and social changes we confront daily.

“One of the most brilliant, lucid, and readable explanations of what is increasingly America’s national treasure: our intellectual property.” —Scott Turow In Copyright’s Highway, one of the nation’s leading authorities on intellectual property law offers an engaging and intelligent analysis of the effect of copyright on American politics, economy, and culture. From eighteenth-century copyright law, to the “celestial jukebox,” to the future of copyright issues in the digital age, Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. In this fully updated second edition, the author expands the discussion to cover the latest developments and shifts in copyright law for a new audience of scholars and students. This expanded edition introduces readers to present and future debates regarding copyright law and policy, including a new chapter on the technological shift in emphasis from producer to consumer and the legal shift from exclusive rights to exceptions and limitations to those rights. From Gutenberg to Google Books, Copyright’s Highway, Second Edition, offers a concise, essential resource for the internet generation. Praise for Copyright’s Highway “Paul Goldstein’s eloquent call for a more human-centered discipline of copyright blends perception and prescription to great effect, indicating to the reader how far copyright has yet to go to help creativity flourish—and how it might cover the distance.” —Jonathan Zittrain, Harvard University “Goldstein can make the complex issues of copyright law accessible and captivating without sacrificing the nuances of law, politics, and custom that underlie them. With this second edition of Copyright’s Highway, Goldstein adds timely narratives, such as the Google Book Project, to illustrate the evolving nature of copyright law and its importance to our everyday lives.” —Marshall Leaffer, Indiana University Maurer School of Law “A much-awaited new edition of Paul Goldstein’s landmark synthesis of the history and policies of US copyright law. Goldstein’s comprehensive and deep understanding of the legal, economic, and technological interests at stake thoroughly illuminates this sensitive and accessible study. A new concluding chapter meticulously and critically examines the challenges of “competing with free” and the landscape-altering consequences of copyright’s encounter with internet platforms.” —Jane C. Ginsburg, Columbia University

There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control. Code, first published in 2000, argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of oppressive control. Under the influence of commerce, cyberspace is becoming a highly regulable space, where behavior is much more tightly controlled than in real space. But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies. Since its original publication, this seminal book has earned the status of a minor classic. This second edition, or Version 2.0, has been prepared through the author's wiki, a web site that allows readers to edit the text, making this the first reader-edited revision of a popular book.

Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy? These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.