Book Review by Deon Dempsey,
University of Texas at Austin
Libraries & Culture
Vol. 37, No. 3
Summer 2002
Harmonizing copyright law and copyright lore with
informal humor and lively illustrations, Edward Samuels presents the history of
copyright law in an easy-to-understand format.
Beginning with current controversies over digital technologies, computer
software, and infringement, Samuels looks to the past, sketching his
information in a historical context and transforming what often appear as
rather dry facts into a spirited illustrated story.
A professor of law (copyright, intellectual property,
commercial law, bankruptcy, and contracts) at New York Law School, Samuels has
written extensively on the subject. His
present effort focuses on current issues as a means to deflate outside
assessments that claim copyright law is obsolete when applied to the
Internet. Tracing prior tools as links
to new technologies, Samuels illustrates how copyright law adapts to a new
phenomenon.
Part 1 opens with sections on forms of expression
affected by copyright, from the printing press to photocopying, player pianos
to digital sound, Thomas Edison’s kinetoscope to cable television, and the
telegraph to the Digital Millennium Copyright Act. Part 2 covers copyright basics: what copyright protects; what
rights are granted; limitations, exclusions, and compromises; copyright
principles; and international copyright relations. Throughout, Samuels amplifies his text with interesting sidebars
and over 240 illustrations, cross-referencing each expression to relevant
discussions of inventors, authors, and users who shaped modern copyright
law.
In a sidebar for the chapter on music and sound
recording, Samuels examines contemporary issues of MP3 music-sharing litigation
and the Internet. In 1992 the music
industry predicted that the digital audio tape recorder would be
revolutionary. Major industry
companies, concerned with multiple generation copying, proposed a compromise to
address the issue of digital audio home recording. They asked Congress to pass laws demanding a compulsory licensing
fee and the “serial copy management chip” that would protect the rights of and
generate money for copyright owners.
The problem, states Samuels, was that nobody bought the recorders;
instead, Americans began downloading MP3 files from the Internet. At the time Samuels’s book went to press,
the Recording Industry Association of America (RIAA) was beginning to press lawsuits
such as the “Napster” suit against various parties for distributing
unauthorized MP3 files over the Internet.
Several chapters touch on issues protected by the Digital
Millennium Copyright Act of 1998. The
last chapter, however, outlines the developments of international copyright
reforms and how international cooperation affects the world. Outlining copyright law in the United States
and its parallel development with other countries, the author points out why
the Digital Millennium Copyright Act was passed and notes that its passing was
in response to recommendations and treaties adopted under the auspices of the
World Intellectual Property Organization (WIPO)
Samuels’s lucid, succinct, yet fun-to-read discussions,
complete with valuable legal rulings, illustrated text, and informative
sidebars, manage to convey in words and pictures all that anyone needs to know
about the theory and practice of copyright.
Its easy-to-understand and colorful language will attract many, from
high school students to university professors.
For online reference, Samuels offers his website at
Deon Dempsey, University of Texas at Austin