Tuesday, March 28th, 2006
Comment1: I knew very little historical background in regards to copyright law before reading Daniel Cohen and Roy Rosenzweig’s chapter A Brief History of Copyright. In discovering that “Noah Webster, who was trying to protect the revenues flowing from his best-selling American Spelling Book, successfully lobbied the Connecticut State Legislature to pass the new nation’s first copyright law in 1783″ I was slightly surprised of the date. Business and the need to protect ones property had been central to the running of society long before this time. Thus, I would suspect the concept of protecting intellectual property would have been raised previously to 1783. However, I suspect the formation of the United States, which had just recently transpired might have had something to do with it.
Comment 2: In addition to the quote above, I was taken aback to learn of “fair use.” Cohen and Rosenzweig articulated how “in spite of Story’s ruling, Folsom would later help to establish the concept of “fair use,” the idea that limited borrowing from the work of others was acceptable when that borrowing produces something new and useful.7 As we shall see, digital historians have many reasons to hold the principle of “fair use” close to their hearts.” I am not sure what it is but I have always believed that borrowing of any kind from someone’s work was not only amoral but that it would negate any subsequent work done by the borrower. However in reviewing the reading and the concept of “fair use” further I have discovered its benefits; benefits not only for digital historians, but for other disciplines as well. The first thing that came to mind was the advances made within the hard sciences. How would any one have advanced on research concerning transplants and or medicines if they had not borrowed form the work that came before them? Intellectual property is different in both disciplines but I think the concept is the same.
Comment3: In their chapter Images, Music, and Movies Cohen and Rosenzweig discuss the relevance of “fair use” to non-textual materials. “A photograph or work of art may have entered the public domain, but you can’t copy it if you don’t have access to the original,” argue Cohen and Rosenzweig. This assertion immediately brought to mind current copyright issues over music. I don’t think ripping music off the internet is ok by any means, but the situation gets more complicated when you have purchased the CD. I understand that you do not own the rights to the music, but this is how many individuals justify making copies of CD’s for their friends.