he leaves to check on a friend his life has been threatened, and while he's away, the mob drags that friend passed the house. liza here's the victim called out to his mother. shocked and distraught, liza goes into labor before john returns. so having killed one man and restraint another, the mob takes me leaders from both families. at liza soon confirms that racial violence jeopardizes future generations. when her child is born a boy she strangles him to death. at the end of the blood she is in the days and she insist her baby is safe and safe from the lynching. safe. >> liza's disturbing declaration illustrates the most important distinction between degeneration and the generation. while the latter in the kate that pathology within the black family degeneration and lynching, points to the degeneracy of the mob. blacks had already proven their ability to build successful homes, so if african-americans characters do not reproduce, or if they resist by terminating young lives, it's not because they don't value family. they simply give voice to the despair if african-americans must have felt as they lived in a nation that left white barbarism unchecked. as depressing as it is, it is a literary trend that i believe reinforces blacks commitment to fighting for the rights to full citizenship. for in giving voice to this measure, the place of from that the despondency is valid because the situation is so utterly undeserved. if there is any question anyone's mind that the lynching might have been wanted, then one cannot give a voice to this level of despair. ask him about the character in the play and the playwrights demonstrate absolute certainty about the injustice. if my reasoning seems counterintuitive perhaps ida b. wells, speaking as someone living in the midst of mob violence and its photographic representation, can help. now known as the foremost anti-lynching crusader in american history wells admitted in 1892 diary entry that until her close friends were killed, she felt lynching might be justified. she confessed, and i quote at length like many another person who had read of lynching in the south, i had accepted the idea meant to be conveyed, that although lynching was irregular and contrary to law and order unreasoning anger over the terrible crime of rape led to the lynching. that perhaps they deserve to die anyhow and the mob was justified in taking his life. but my friends have been lynched with just as much brutality as of the victims of the mob, and they had committed no crime against white women. this is what opened my eyes to what lynching really was. an excuse to get rid of negroes who were acquiring wealth and property, and thus keep the race terrorized. without question, if a black successes the portrayals offered by mainstream discourse and by those theatrical productions called lynchings, there would be no room for racial pride. if african-americans believed that mobs were responding to rate, it would not demand anti-lynching legislation. these contests refused to be shamed into tolerating -- and they target a black audience is them to do the same. because virtually all public discourse cast a black man as brutes, creating a different portrait required intimate knowledge in intimate settings. it's not surprising then that plaque women's lynching plays read like domestic plays. they foreground them as much as they oppose lynching. more precisely, when they depicted by homes as they knew them to be, they inherently contradicted excuses for lynching, excuses that were invented to destroy those homes. still, as ida b. wells confession to assist, blacks need to share with each other their intimate knowledge, only this chincoteague black committees from accepting the idea meant to be conveyed. and if they could not reject that idea privately they could not have agitated for the right to full citizenship publicly. thank you. [applause] so i'm happy to take questions i am remembering your kids. i will get that up with questions. >> and i also was a am very aware that other groups are called by lynching. spent dr. mitchell, we thank you for being our -- [applause] >> and we are very much aware of the time and so she will entertain perhaps to questions, after which we will have a book signing from one until 1:30 p.m. and we can continue the discussion there. we also ask you to please take a copy of the reading list that we have prepared, and you will see how dr. mitchell has influenced the image that we use on the cover of the widow and her family with walter white following the lynching of her husband. okay, so we are late. >> any questions? yes. >> you noted that there were never any federal anti-lynching laws. what was the reason, what did they present as a reason for not doing that? >> so the question, if you didn't hear it was basically since there was no -- so the question was since there was never federal anti-lynching legislation passed, what were some of the reasons that were given for not doing so. and, of course, there've been entire books written on this. very often it was things like filibusters from southern senators and so on, those kinds of things are basically, you know, the structural ways that does happen. but, you know, in terms of justification, i think at the end of the day people who believed that lynching really was about black men raping white women, or people who were simply invested insisting in that what it was about, kind of one of the day in that way. but structural it have to do with filibusters and those kinds of things. i won't go into the woman who -- i will go into all that but there were plenty of people who just literally didn't believe that it should not happen. i saw another hand. yes. >> dr. mitchell, how many black men were lynched during a pentagon? >> she's asking about exact numbers, specialist of black women who were lynched and black men were alleged. i have to admit that exact numbers, that's not something i focus on, mainly because i'm interested in the cultural impact of these images, for example. but the playwrights who write about this, the women i study in "living with lynching" were very someone with the fact that women got lynched. and so there was this ad that they did what it basically said something like 23 when were lynched this year and how can you say it's about rape? or even the playwrights are where the women are being lynched as well, but their place don't focus on that for grace reasons. i think the main reason is because they want to go to that hardest sell but if you're going to insist it's about rape, then let's actually present what really happened it was because he was successful and you wanted to take his land because because he was successful at protecting his wife from being sexually assaulted by a white man who felt that all black women are available and so he lynched him for that. said their they were interested in going for the hardest sale. i will say that the book is out for the best book on this topic. she looks at women's roles in lynching, both white women and black women. so black women who were lynched, white women who were lynched and then also black women who are anti-lynching crusader as well as white ones. sessions with the best source on that. but when it comes to numbers there's always disagreement. partly because naturally this is worth going into. part of the reason why there's always disagreement about just exactly how many people were lynched is because throughout the years there were definite reasons for changing the definition of what a lynching was. so you might have a parameter put in place to say, it's got to be at least three people, and it's summer justice this, that, or the other. these often were anti-lynching crusaders were coming up with the definition. so they want to be able to show that they were making progress and reducing the number of lynched. so that's one of the dynamics i would bring up to you as the reason why the numbers for me that's not, we will never have those numbers and be confident that they are exactly right. i think they are always underestimated. so that's why for me what's important is what is the cultural legacy in the moment and later of having these photographs circulate? you didn't have to be there for the impact to get to you because it was in the newspaper. it was in a postcard. but thank you for that. yes, sir. >> i'm curious, where geographically these took place performing in the country? and also were they more other rural or urban performance? what sort of crowds were coming? was a more of an educational thing where we are spreading the message, like he was coming to the place be? great. is question is about who is actually the audience to show two performances of these kinds of texts. so with rage we know it was in washington, d.c. and there were enough whites in the audience for them to say that they had achieved their goal of reaching an integrated audience. not nearly as many as grimske would'vewould've liked to god that i'm whether shifting away from drawing a traditional audience picks i believe that what's going on is these are in crisis. you're in the barbershop crisis magazine shows up but all of a sudden is reading it out loud. so part of what i'm interested in when talking about performance in this book, this is what i call it embodied practices of belonging because that gives us a more capacious what you think about theatricality. so if i'm in the barbershop or beauty salon and some start reading this lynching script, we don't get far before a debate breaks out. and we don't get far before someone starts sharing the sort of a lynching that happen in their town. so that is what unpredicatable to talk about theatricality competitive action this really broad category of all those embodied practices. so i can't actually prove to you that these were staged in these places it in very few instances can it do that. in most instances i can't prove that to you. but here's what's funny about and this is what it such a crucial question. so, w.e.b. dubois publishes in crisis magazine, just that little block of text that he calls paying for plays and this is what he says this crisis has been publishing is one act plays that are meant for amateur performance. we are going to continue to publish those, but do you know what we've noticed? people are not sending us our royalty check. so i'm like oh yeah? so you know i had a jewish state in our guys win what did i find? i find a letter from willis richardson riding to w.e.b. dubois saying i love what you had to say because i noticed that in your group that you're a part of stage my play and didn't send me a royalty check. now, i am more than happy to send you the check for the play that we put on here in d.c. let me know how you what we did for the w.e.b. dubois writes back and says oh no need. because, this is where it gets tricky, so let's say that there's a playwriting contest. youyou in first place but i win second place and you have there. so first and second get published in crisis but then third, we'll have a notice and they will say you can get the script from us by writing to us. you also get money as they price but it won't be published. so dubois said, there is no royalty needed. and so clearly he thinks the only of the magazine is going going to get a capture the playwrights get a cat. so what i want is just from the is to say that, one or the rain of amateur performers is going on the dubois is missing is money, but two, there's more than one reason why these plays would be below the radar. so it's not simply that it's dangerous, literally dangerous, but it's also that these are amateur performances that you don't necessarily want on other people's radars even either fix it seems to me those are some of the reasons one we are not going to have the kind of documents that we want to have any theater history. box office receipts and all that fun stuff. i can't give you that but that's what you mean oliver's and all those other things are so important. thank you. >> dr. mitchell, i want to take you so much for this amazing talk for your book. big fan of your work. i want to ask you what we know about translation. were any of these plays ever translated? into a language might it be translated? when it into the black people in france about how to compare race, they will tell me black people got lynched in the u.s. so i'm just about the sources and which might know what you came across in your archives? >> certainly i haven't come across the plays themselves been translated but there were certainly plenty of exchange of support and exchange of stories, but yeah, that's a great question that i will have to think about more. i'm not aware of any these plays being translated and sent over in different periodicals but it makes sense they would be because there are these other articles they couldn't could reproduce it in. so thank you for that. >> one last question. >> are there temporary efforts to restage these plays? >> yes. stuff why are you trying to give me a heart attack? wow, that hurt. samore recent staging. actually in 2010 the international festival in your mexican woman was able to get her proposal accepted, and so she ran what she called by hands unknown come which ended up to i went to newark to see it of course, which ended up being seven of these one ask connected by dramatic readings of poetry and music and it was beautifully done. i was shocked. at first i was really excited like my goodness i can actually see the state state and in the closer the day came for me to continue to see, the more word i got. what if this doesn't translate for an audience today and that kind of thing? so wrong. it definitely, definitely works. part of what they did that with powerful is that the end it with screening the moment when the legislation was passing to give this formal apology. they used that towards the end which i thought was really striking. so i've written about that production on my blog and also which of the address for. so there's an entry on the about watching that staging i also did a review of that for theater journal. as much as i can capture the moment when that's happening i do. then, of course, there are contemporary place about lynching. the gospel of james or the gospel according to james, so glad i got that right the gospel according to james by charles this is a wonderful more recent play. i went to see that in indiana. they commissioned him to write it because james cameron was in indiana. could answer that the contemporary lynching play. and also the strange -- has an index that includes all of the lynching place that they know of that have been published. so through the '90s you're going to see that in the back of that. that question made me think of something else though and i'm blanking. sometimes when people invite me to give a lecture, they will do a dramatic reading. that happened when i was at texas tech a couple weeks ago. so that's another way that is being staged again. and i guess the main thing to say about that is that it's shocking how well the tests work. i think that's partly because this turn-of-the-century turning out to look a lot like the last turn of the century. am i lying in? voter suppression we are not somehow divorced from these issues but i think that's probably the reason it still resonates so well. [applause] >> booktv is on facebook. like us to interact with booktv's guests and viewers to watch videos and get up-to-date information on events. facebook.com/booktv. >> marie breaux talk about the history of authors' rights and argues that copyright law will likely need to be revisited in the future. this isn't was part of the tennessee williams/new orleans literary festival held annually in the city. it's about an hour and 20 minutes. >> well, good morning, everyone. i have some powerpoint slides so hopefully we will have an exciting, you have something visually to look at. i find that when we talk about law, we don't give people some sort of reprieve, the audience starts hurting themselves. i am a practitioner so i'm not a scholar. i'm not a law professor, and i think that makes a good candidate for holding something called a workshop. because i do things come just like anybody come you know, the person who tinkers in a workshop to build things. we have to draw on the knowledge of structural engineers. you have to draw on the knowledge of architects. but when it comes time to put something together to build a the building, to build the whatever it is you have to call on the people who actually do something. so that's me, a practitioner. and if i had one message, it's about as a practitioner i view the copyright act as something of a steam punk law something filled with rube goldberg type contractions come you know, and it turns out that rube goldberg was a cartoonist a sculptor, an inventor, an author, an engineer. so it might be fitting to call on his work. there was an article in sunday's "new york times" about in the travel section about cruises to they mentioned a steam trunk. i think it is falling into common parlance but it is a genre of science fiction or speculative fiction that involves anachronistic combinations but when i went looking for images just to get us all on the same page about what is steam punk, what images is in my mind when i say that it turns out that a couple of years ago this funny 40 fellows also dressed it up in steam punk style. that's been standing in front of a streetcar. and it dates back to really the turn of the 19th and to the 20th century that sort of style which is illustrated on your left. the whole movie, the voyage to the moon was made famous in the scorsese film hugo. so i think it's a lovely aesthetic, and that the copyright practitioner i often think about that because there's a contradiction. you have old technology doing modern things like taking a bullet ship to the moon, using steam to get into outer space. it is an obsession with technology, and that's a big part of copyright law. it is also in visions an alternate universe. works like the wild, wild west or the work of contemporary directors. so it just seems to fit with me about, that is the state of our copyright law. it is an alternate and a lot of universe in this very digital world that we live in. the next thing i would like to do is just as all on the same page about what is intellectual property. and the definition i'm going to use is by the world intellectual property organization, a treaty organization, the united states is a member, and intellectual property means creations of the mind inventions, literary works, motion pictures, as well as through the kind of properties that we use to identify products. so it falls into essentially two categories industrial property, and that would be patents, trademarks, and daschle design things called geographic indicators of origin which are more prevalent around the world than they are in the united states. because we don't really have we haven't set up a legal regime for that, but when you get certified winery or parma ham those, with a seal that tells you where they come from. that's all industrial property. the other the category is copyright, and that covers all of our artistic work, poems plays. it covers software. it covers broadcasting, and that's what we're going to talk about today. also want to mention that the are a couple of categories, i'll call them extra definitional types of intellectual property. that would be trade secrets. this is information that gets its value from not being publicly known, that the most famous example would be the formula for coca-cola. but i also think of related rights media rights. this would be the rights of publicity and the rights of privacy. and those are often come up in the context of working with other types of intellectual properties. so they don't fall under this definition but they are areas of law that we need to be aware of. so when i say that the copyright law is anachronistic it's an alternate universe, i want you to know that i'm not alone in my opinion. the register of copyrights, and that is the retched of copyrights is ahead of the copyright office, that's her title, register, and she's recently testified before congress that the current copyright statute was drafted to address analog issues and to bring the u.s. into harmony with international law. asked.. and our first chapter is the copyrights in the 21st century. the two were of other provisions of the copyright act is a little bit longer to do that. but we do need to get grounded. the first thing we'll do is start with the statutory definition. the second matter of copyright. it is the definition in every single word in that definition is port. copyright is original works of authorship in any tangible medium of expression now later developed from which they can be reproduced or otherwise vacated. pretty understandable set of words. the statute gives a number of examples of literary works, said the works and choreography, the visual art motion pictures and sound recordings. it is important that you understand there're certain types of word that are extremely valuable, but they don't qualify copyright. this is a very crucial distinction. copyrights protect expressions of ideas. they don't protect fax. they don't protect that it cometh systems, concepts, principles no matter how valuable that is that is not afforded. also work by the u.s. government and our employees. it is deemed to be protected by the copyright act and designers did not laugh all the time and one of the many topics congress had been investigating and we need to give some type of protection there. the other thing that is important about this definition is there's no reference to formality them are going to use that word a couple of times today, meaning that copyrights exist from that time that the work is created, the time that work is fixed in a tangible medium. you don't have to register it. you don't have to put any kind of marking on it. copyright 20 for teen. it happens at the time of creation and fixation. that was perhaps one of the most rheumatic changes about u.s. copyright law in 1976 and we will see why that is important later. the next thing we'll talk about his authorship. the originality bar is pretty low, so that his authorship. the author is the person who actually creates the work, takes the site via ftp the magog under no picture he had turned it into rodrigue's food out. that is the author of a work. we also recognize to other categories under u.s. copyright law. when this code work for higher and that is worked by employees. contrary to the general rule, work by an employee within coors and development along sudan player between copyright data on trent lott and patent data. the other authorship is a contracted work for higher. the copyrights will be loaned to the higher entirety if there is an agreement and if you enumerate certain categories that were at the work for higher rule applies to you. we'll talk about that later because it is very important. if the copyrights belong to the author of the work one of the most recently litigated issues as he was there. this work for hire is often critical. so we got an author. we got originality. what does they can't you? this is one of the recent copyrights are hard for people to understand. copyrights understanding bundle of rice. it is not something when you own copyrights you own rights to do some digging our rights to prevent somebody else from doing something with the work. and those rights are defined by statute. when you own the copyrights you have the right to control the reproduction of copies of the work. you have the right to control the preparation of derivative work. each rivet of work would be a translation and abridgment. a transformation of a short story in today's scrape. the transformation of a scrape into a motion picture. you have the right to control the distribution of copies of your work. you have the right to control public performance. that's very important for playwrights because that's the licensing right that gives the playwright loyalties for the actual performance of his work. you have the right to display the work in public and name using the word display in public to include the right to have played that come in the digital audio rates. we are not talking about music. fortunately, today that has its own tortured history. so you have a bundle of rice, but those rights are not absolute. they are subject to quite a number of limitations. the statute is of such 16 different limitations in the most important of the limitations is called fair use. we wouldn't give very far in this world if we did have some right to use the intellectual property, creations of the minds of others. i think we would be sitting in a cave somewhere. so what is fair use? that is use of a work for criticism, calm and from news reporting teaching, scholarship, research. it's not an inference of copyright. that all sounds noble except congress gave this for a fact as to consider in deciding whether or not a particular use is fair. we look to the care here at the youth. is it profit or nonprofit. we look at the nature of the work. we look at how much of the work was taken in years. we look at one use on the economic benefits achieved by the owner of the copyright. the thing about the layers as if you give them for fractures, you know, it is a debate. so every time you think you are okay with fair use, it is a debate. when i get this kind of talk and i'm in a face-to-face group, the assumption is that fair use provision is pretty broad. i could put up any kind of images that i won't. but because we are being videotaped for c-span this morning, i have to be very careful about what images i put a bit maybe the fair use debate just got more robust. every image you see up here and see their public domain are under the creative commons and free to use it bacher bhushan for this purpose. that's so we can all avoid and debate about whether use is okay. there are a number of other limitations on the rights of a copyright holder. we give rights to libraries. rates and coaches to nonprofit educational institutions and this is an the place where we can go over them the need to understand the bundle of rights is not actually a. brides are great, but where'd you get get to exercise them? they are good i receive through the united states, but as a result of treaties our government has entered into. the copyrights are international. that sets them apart from other intellectual properties. you spectacle to foreign patent offices. if you have the trademark act could afford mark trading offices. because of these treaties that say the basic idea is parody, the u.s. must afford to foreign authors the same benefit to its own citizen's court found that begins in copyrights. when we go abroad, our copyrights have to be accepted on the same terms as another country. effectively that makes copyright good internationally and greatly simplifies things. so right there good. rules are good. how one key feature copyright? variants is a very long time. under current law the life of copyright -- the life of the author plus 70 years. so you're always looking at at least two sometimes three generations ownership. for corporate works and works for hire, by and fully the lesser of 120 years in the date of creation has been published in 95 years from date of publication if it is a published work. so the important thing about this chart is just how long the copyright times our last name. when we first enacted a copyright in 1790 and it was one of the first acts of our first congress. it was a 14 year term. now it is incredibly long and one professor -- this is a chart put together for how long and expansive essays. he looks at the copyrights for steamboat willie. miraculously every time it's about ready to fall into the public domain, copyright act is extended. we are not alone in the united states in protecting our cultural treasure. peter pan and the united kingdom. the copyright and peter pan getting extended for the benefit of the charitable institution that jay left the rights to the great oregon st. hospital is the name of the institution. we are not alone in looking out for a and it's also a question of international norms. you know, the copyrights are used initially or for a long time for 50 years and seven years, so we are following international law. so this all seems very logical, right? rivka boo-hoo, the air, but when how long a long time. why dissenting i can explain relatively logically that is why we are going to come to part 2 of our presentation. we are going to look at what i see as a part titian or samantha punchier aspects of copyright law. the first thing is that it is an analog law. this is sick knowledge even the law was passed. it doesn't fit. let me give you some examples. publication. i told you that they work for hire, the term of the copyright depends on whether a work is published or unpublished. well the act defines publication in physical terms. it's the making of copies defined as the distribution of copies or photo records of a work to the public by sale or another transfer of ownership or by red so lisa remind them. what happens if the stuff you put on the web? what happens if a journal only on the web? is it published or not published? we have some guidance from the copyright office but we don't know. this is a very fundamental question about copyright, published or unpublished. some of those limitations on exclusive rights of authors apply only to public works. it's an important question, but we define it in the terms of making physical copies. that's an analog probably deal with. sometimes i will spend more time than i should. do i check the published or unpublished box? another example of where our analog problems come in and sit the exceptions for libraries. it is almost as if the rules of the statute were passed in 1976. we had card catalogs. if he wanted to get something from an archive, you had to go they are and write them a letter. everything is set up for physical copies. but we live in a digital world. we don't use card catalogs anymore. i wonder what happened to those cases. some of them were quite lovely. and we gave material to people in digital form. so what do we do with? why is this sort of steam punky? under the limitations set out in congress, it may be okay for a library to scan a work, attach it to an e-mail send it off to the requesting teacher in but it might be illegal for them to post it on the website. -- in digital form. why should i post it without engendering fair use. and then we have what i call the redheaded stepchildren. and the 21st century -- i don't think we can debate how important the code is. we protect them under the same set of rules that apply to literary work. we don't have any way of protect a man with the database collection of facts. so they become the redheaded stepchildren of our populace world. did dewdney's goldberg contraptions we've got these work for hire rules and people working on a work for hire rules. so they live in a freelance world as in the 1950s. they are contained -- the work for higher definition is really meant for another area. it demands specialty attention including contributions for collective work compilation translation index and tax answers, but nothing about collaborating on software that would definitely cover the past number being involved in the project. the technology above teams of people to make it happen and it's very hard to shed that into a definition that was meant for the making of you know physical film production. it just doesn't work. so when it comes time to make sure you've got the rights to your work, it's like driving air powered spaceship to work on the rules that we have. another problem with our current state is we are all in france all day every day of our lives. there's a wonderful article in the book by the name of john tremaine and. you know, he goes through his typical day. he wakes up in the morning, check his e-mails. well, she is copying and sending the e-mail to somebody. the person who wrote the first e-mail. the copy content pasted in an e-mail printed out. you are infringing and i could go more in two sites to get around that. but we have this one sad -- we have one set of laws that we absolutely live an alternate universe universe where we violate those laws constantly. but that is never a lawless as never a situation. and then we have what we call worth of work. orphan works are subject to copyrights, but the copyrights owner cannot see the account. if i find a lovely article i find a lovely image i can use it. i'm not the author. maybe the clear fair use provision tells you on how i get their rights. i have to ask you the author. maybe the author is no longer with us. the author's name may have changed. the company may have gone out of business. the right administrator may still be there, but it's not visible on the web. it is quite a problem with finding work and finding usable materials and it has gotten to the point where congress tried twice in the last five or six years to fix the problem and it's a very difficult area to let you straight. i mentioned making sure that i had clarence rice. i'd like to have the presentation with a picture of and track and someone took a crew of the starship enterprise and that they are standing on the fridge and they are all with this theme powered laser all of this stuff. they couldn't find the author. silica something not as exciting. that's the kind of impoverished occurring. and now we can't use them. i want you to know we have the copyright law of right now when you are tinkering in the workshop to accomplish the very logical statue but the kinds of things we are building and making today. so how did we can't hear? this is a very interesting thing for me to do because like most people, you just use tools. you use what's to you and we don't contemplate where do those things come from, where did the concepts come from? registered in looking at the copyright to appear burgesses come from? the first thing i want you to know is they are relative ideas. the first genuine copyright act that we have the statute of anne was a british statute. you know that is a little over over -- that is not allowed. it looks like a lot to us. so it's not too bad for a love. it isn't 300 years old but it's a couple hundred years old. what happens if we care the copyright statute to literary creation. and western literature you know, we date back to homer. that is almost 3000 years ago. so we had a lot of creation teacher wrote before copyrights. certainly all of the agent works for copyrights. truth be told. people were creating long before we got around having the technology paper to put together written literary works. going back to the first works of art we can think of. the bill endorsed -- what is the number 26,000 years ago? 24,000 years ago. other evidence that our nearest related ancestors were creating. and i think it is a very important way that we are familiar with this copyright which her parents lived in a copyrighted world. their parents lived in a copyrighted world. and i take away from looking at a chart like this is something that i think it's very profound. by this i believe creation as part of the human condition. it is part of our humanity. i don't think it has anything to do with whether they are spirits or not. if you are here then you are going to create. so i'll just give you a quick little tour. ancient times were writing the tale of the upper match or i don't understand it. but they had to chisel that story added still. they were creating -- it was the first banana before anybody could find to the irish saints copy this altered state demand objective. team chairman of ireland said the copier had to give the copy of the solitaire back to send and end this was his reasoning to every book belongs its copy. this was -- this is about 500 a.d. the first copyright act in 1710. so you've got a long time from from this one dispute before we have formal copyright legislation. in fact come the people who know more than i do have said that at no time during our manuscript. is anyone served out various copyrights. that's a lot of time. that started to change with the last historical technological innovations and that was gutenberg. the impact of student curbs was enormous. i have somebody who likes numbers. that's why put together charts and graphs and numbers to see things like that. it has been estimated that before the number of books in europe numbered and that sends in 50 years -- within 50 years the number of books in europe got up to 7 million. think about that revolution. it was transferred that is. the member now it's just as transformative because it's very hard to get this number are. how many webpages are there? the last time google indexes them in searches then that is one of the tools we use, when in 1998, 26 million pages. the last time google made public its estimate pages, there were 1 trillion unique websites unique url addresses. a trillion. passover 140 web address is. it's amazing. so what happens quick and the historical section. what happened the last time there was a technological revolution like this? like we do now we have a variety of responses. it is a big investment in technology to learn how to get it a prius operated, and make things. the people who owned the technology wanted privilege. does this sound familiar to us? i check the type for to target eyes. i want to write a book exclusively. many countries historically was where the rights over these books resided was critser. not the authors. the 19th century with the printers. we have something claims in the early experimental. sound and claim that authors sought to be in talks. we have communities recognizing the procedure whoever it music for services that to be in control of the copies said that his family could be applied for. so there's some experimentation. but mostly what is being protected is printers and i'll tell you why. you know the work that shakes out much of the law we have today. this is an engraving from the victoria area of the first printing press of great britain. that is the fourth in 1477. the unfortunate thing is that the printing press lies written and in the middle of what eventually becomes an incredible amount of religious turmoil and being a monarchy on the monarch control of the press that they control information and is part of the exercise said the monarch control privileges who had the privilege of printing. the printers are happy to go along this idea that protects them. it's the exclusive source of shakespeare's play. it is an unholy little matcher money that takes place. someone put the history together and you get through the tudor era you have selected area come back to henry the eighth. the license price is to print literature. they are topped out -- you know the stewards have the romans are out. we switch our privileges. the. students come in. they take over. they are favorite of the restoration and it goes back and forth. what was this demand by ray patterson and he's really a tremendous copyright scholar. the stationers themselves steadfastly denied that they had always been and they consistently protected their privilege monopoly. what we have is a terrible terrible situation of the strangled information. by the time we get an image of john locke the information is untenable and we have the beginning of the enlightenment and people are not happy with information is available. they are not happy to stick with john locke. it's not happy that he could only get a substandard copy a work in translation. some of the ancient works he was interested in. so she asked -- he was a big lobbyist for getting rid of the privileges. the privileges died in 1690. we have an interregnum at 20 years where we didn't know what the issue was 20 years after put are abolished, we have the statue. going to skip this. so we have the situation in the colonies. it is time america has been discovered. this statute was not extended to the colony. after the revolution we were founded by certainly a lot of agrarian entries. we ask that people like thomas jefferson. these are people interested in ideas. they were authors. they were very interested in this issue and the constitution itself provides that congress shall have the power to promote the useful arts are good times to authors and tears the exclusive rights and discoveries. the first copyright act if it defers patent act. the image they use their is the halfpenny and the local around it is. says science and industry. i mean, this is essentially important problem for us. think about our our early copyright law is that it involves formalities of registration copyright notices on the work. you would did note very nice to harmony. we started having an national problems. the most famous of which is charles pickett. this american copyrights -- if you wait for an author your copyright is in the united states. begins like any author is a world treasure. they stuck them on the ship sailing inside an official publisher here would give him royalties. their unofficial publishers of this work. dickens came to america twice. once he testified or spoke to congress or asked them to address this problem of american copyrights and nothing happen because sort of like our internet service providers today printers said yesterday wanted their profits protected. and it works both ways. americans had trouble in britain and this is the tragic story of know so in britain. because of the uncertain status of america's pass rates -- copyrights of american authors in britain, once they treat the system and improve their position, so if you're the nation a publication you might have better status of copyrights. coral melville sent his book "moby dick" published first in written and the community at the love. you weep this book and everybody dies at the end. if you don't have the epilogue you don't know that ishmael survived. so people with melville were terrible. this book doesn't make any sense. it just doesn't make any sense. in addition to violating the copyrights of literary work american newspapers with pickup the overviews. so even though these american publishers published "moby dick," including the epilogue which explains it and certainly makes the book makes sense. melville is the subject of having these provisions and people at the time never found not both. the international situation with copyrights is a disaster. so here comes onto the scene yet another one of her 19th century bases. it is not tenable that the copyrights to writings do not cross borders. books cross borders. they are sent name to the convention with that in 1886. victor hugo was one of the major forces behind the international treaty and it is the basic agreement, over simply stated but whatever you do for a euro due for the force. in the united states, we tried -- i keep mentioning formalities. we are tied to vat if you want copyright to have directors that. you have to state your name and we didn't want to give up that kind of formality. there is no formality required after the convention. so they stayed out of it. we tried everything. we did not join the berne convention until 1989. so i think that history of copyright is important in the last section of my talk, which is we need to talk about this. the first thing is you might have cast is that these times were a new law. this is not just read growth, no copyright lawyers say that we need a new copyright act. the register copyright is the new copyright act. anybody who has any right thinks we need a new copyright act. register of copyrights is diplomatic. it is certainly showing the strain. agitating for a new copyright act. i think we are seeing a lot of interest in the scholarship that information about copyrights and intellectual property in general. i graduated from law school in 1985. when i graduated from college they gave me a dictionary as a graduation gift. there is not an intellectual property. and with such copyrights and intellectual property in general. it is a little bit of the water of american law for america not everywhere. we are starting to look at the scholarship. anything i say today makes you interested. start investigating these issues because scholarships are starting to be very standing. we are doing this in part because the people who have a voice are kind of stuck in the notion that the property is important and the rhetoric -- and i'm going to quote from a government website. i.t. protection is critical to fostering innovation. without it, business and individuals would not meet the full benefits of their intentions and would focus less on development. similarly, artists were not fully compensated for their creations and cultural vitality with the result. no shakespeare the 21st century. so people are starting this task, this hypothesis that you don't give people the biggest fastest, longest copyrights available, they will create they won't innovate. so this is a part put together by a professor from the university of illinois. he said you know let's look at the copyrights. one of the appalling things is that copyrights circulate books. it's not that people don't want to pay authors are royalties. but it's a long time to track down who owns rights to the published in 1985. and believe me jimmy do a lot of research only to find the person. there's a big top and the books are available. as we go back you are more likely to be able to find book in 18881980 in there something wrong with that. maybe some of our cherished ideas to hold water. there's a professor at tulane who is also done a similar type study. this piracy of music, the factory can easily download music he says no and i think he's right. i keep coming back to that chart. this part of human nature to be creative. she then searches flameout story of go to mash. there's no way we are going to sit down and not use them. we are going to innovate. so i really am not doing justice to the thought being put into what kind of copyrights are available. it's not that copyrights aren't important. it's not that they shouldn't have certain pull over our work. i am not an anarchist, but i do think we should come up with a sister for the type we live. while we are waiting, it took 20 years to negotiate. they started in the 50s at the statue but in 1976. you know technology is growing exponentially. we can't sit around figuring out what to do. very bright people have come up with some alternate days. one of them is how the creative. are you familiar with the creative conference? we've got maybe 25% 30% any audience. creative commons is what makes the wikipedia possible. creative commons -- authors have the rights that they have. what it sets up is a licensing scheme. very strict flavors of creative, if this and until you say i release this work, specify one of these fixed licenses. people know what they can do without work. the hatcher duchenne is the most liberal life. all you have to do is give credit to man were good. you can use it. you can send it to somebody else. copy it, change it. you can even make money doing whatever you do. but just say you started with the author. the second of lovelace and this attribution. you can change it. you could modify the work you can use it, share it. but you also -- when you get used to the work you've got to license your work in terms that i license my. where would we be without that? the next one down this attribution of derivative license. give me credit. can't modify my work. you can use my work commercially. you just can't change it give me credit. that is another variation. attribution is noncommercial. give me credit. don't make any money off of these in my work. hatcher duchenne, noncommercial use it modify it. you just can't charge money for it and you have to let other people use your work. the last license is the most restrictive license. noncommercial, non-tudor days. he got to give me credit. you can't make any changes to my work. you can't use it for commercial purposes. when you release content so that the images in my side i could go to the image finder's in the internet. i can see, am i authorized to use this were? have i been released under creative comments like i know what i can do. so, that has been revolutionary. i wonder to see what happened just to the number of webpages before. the other thing is something called open source

Related Keywords

Mexico , New York , United States , Berne , Bern , Switzerland , Tennessee , Sudan , Texas , Illinois , Indiana , Ireland , Oregon , Washington , District Of Columbia , France , United Kingdom , Britain , Americans , America , Mexican , British , Irish , American , Trent Lott , Ray Patterson , John Locke , Rube Goldberg , Hatcher Duchenne , James Cameron , Victor Hugo , Willis Richardson , John Tremaine , Marie Breaux , Bacher Bhushan , Charles Pickett , Thomas Jefferson ,