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

Freedom of Expressionand Copyright

The Foundations of All libertiesFirst, THE DOCUMENTS

For the last twenty years a rivalry if not even worse between the USA and theEuropean Union has been going on in the field of intellectual property. Theemergence of the internet and virtual communication has accelerated the IPdivide between the two continents. The USA decided to join the BerneConference and WIPO some forty years ago. It upgraded its copyright laws in1976 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 dowith 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 underthe copyright specification of the country in which they are first registered, theUSA is dominant in the cinema, video art, television, music and even as for that inall printed matters. But Europe is nicely caressing the idea of widening the divideby projects that are sort of hectic.

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

But what’s more the linguistic problem of Europe and of scientific research ismultiplying the divide with linguistic dynamite: that’s what they call culturaldiversity. Scientific research has to be in English at world level today and for stillquite a few more years. Researchers are then balancing the difficulty of writing inEnglish or having their work translated on one hand and publishing directly in theUSA to be on the international market directly on the other hand. And so far theyhave not found a third hand in that game Their future then is a vast exodus out ofEurope, and with the Internet they will be able to stay in our capital cities ormountains 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 wellas 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 theyhave to work with Hollywood? Not much, even the French studios in spite of theirvanity. And the second most important intellectual property practice of the USA iscoming as a stow-away in the holds of coproduction. That seems to makeEuropeans slightly feverish and the French are frankly burning hot if not burningout. The advantage of fair use is that every field has negotiated or is negotiatingstatements of best practices in fair use that are logical for one and a lot moreprotective to IP than the European never ending and always growing list ofexceptions as they call them (exemptions would be too nice for that systematicpractice).

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. TheAmericans and the Europeans, like ostriches with their heads in the sand or liketwo male reindeer fighting for a female and that forget the hunters are not veryfar, just don’t seem to know two countries are nicely moving in the wings andrecuperating what we forget to defend. Russia and China are smiling nicely andthey just wait for the chestnuts to be well roasted on the hot plate of the Westernapes who are fighting about whether they have to wear gloves to shake hands.

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

The Chinese are reducing their coal mines at a speed that seems to be verysickening to some and Trump would reopen his coal mines? Funny indeed. Onemore promise that will get laminated within six months. And he will then discoverthat 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 inthe rose garden of the White House and Europe for them is at most a cabbagepatch 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 toconquer the world at that level: he will impose the US copyright and its Fair Use tothe whole world, not because it is American but because it works for one and it isthe best equilibrium Intellectual property can build.

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

Enjoy the trip.

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

Second, Kindle Edition PresentationIntellectual Property is a crucial asset in modern economy, hence in the

modern world that is being globalized thanks to the far-reaching development ofnetworks, the cloud, and even the intercloud of Kevin Kelly. The only regulatoryforce is Copyright (and Patents for inventions).

This volume starts exploring the emergence of freedoms in the westernworld in 1100 in England and follows it till 2016 in the world, though the approachis centered on the USA, hence with Copyright and Fair Use, the former beingmeaningless without the latter which is the recognition of the moral rights of theauthor, moral rights that plunge their roots in the common law of intellectualproperty, moral rights that are perpetual.

This volume only contains the commentary and reflections based on thenumerous documents. I have collected all the documents in one file that I haveuploaded on a research site and it is free and open access. The documentscollected there are under fair use and they are all available on the Internetanyway. The file containing the documents can be reached athttps://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 and443,000 words. But then you will have to take my word for everything I say, whichis not the best thing to do. Do check the documents.

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

This reform required a complete restructuring of society, and first of allagriculture. The green revolution it implied and caused required somehomogeneous land ownership and status for all field workers. That wasfeudalism: the land was the property of barons (up to the King or Emperor) andchurch orders and parishes, and above all Benedictines. That implied then theproto-industrial revolution of the watermills in order to replace and compensate forhuman 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 Englandwas 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 andgave copyright to the sole authors; That determined a tremendous freedom ofexpression, and the first printed press. It also gave rise to tremendous innovationwith engravings and etchings: England finally caught up on the Germans and theDutch, mainly though not only.

But this copyright remained limited because it did not recognize the moralrights of the author, since intellectual property that is perpetual in common lawwas declared repealed by the first publication of any work that cast the workentirely in the only economic or patrimonial, plainly commercial dimension. Thathas practically not changed in Great Britain since the decision of the House ofLords of 1774.

The USA did things differently and they kept the common law active. Ittook them to move from a copy-cat legislation (inscribed in the Constitution itself)reproducing the English legislation to change around the middle of the 19thcentury and the emergence of moral rights under the concept of "fair use" that willonly 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 theworld.

Dr. Jacques COULARDEAU

Product DetailsFile Size: 1606 KBSimultaneous Device Usage: UnlimitedPublisher: Editions La Dondaine; 1 edition (March 13, 2017)Publication Date: March 13, 2017Sold by: Amazon Digital Services LLCLanguage: EnglishASIN: B06XNJZ4W6Text-to-Speech: Enabled X-Ray:Not Enabled Word Wise: EnabledLending: Not EnabledEnhanced Typesetting: Not Enabled 

US$5.00 - €4.68 - £4.19

TABLE OF CONTENTSDocuments

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

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

(P.4 Preliminary NoteP.5 Table of ContentsP.9 Charter of Liberties of Henry I, 1100P.11 Magna Carta, The Great Charter of English liberty granted (underconsiderable duress) by King John at Runnymede on June 15, 1215P.17 Medieval Torture and PunishmentP.29 The 10 Most Gruesome Torture Techniques From Medieval EuropeP.36 THE CHARTER OF KURUKAN FUGA (1235-1236) (By SIRIMANKOUYATE)P.39 William Wallace (1272 – 23 August 1305)P.39 Blind Harry’s Wallace, by William Hamilton of Gilbertfield, introduction byElspeth King and Illustrations by Owain Kirby, reviewed by Sharma Krauskopfand ratedP.42 UTOPIA, Sir Thomas MOREP.79 Stationers Company Charter Granted by Philip and Mary and confirmedby Elizabeth I. [1557]P.82 John STUBBS, The Discovery of a Gaping Gulf Whereinto England islike to be Swallowed by Another French Marriage, if the Lord Forbid Not theBanes, by Letting Her Majesty See the Sin and Punishment Thereof.P.84 WILLIAM SHAKESPEARE, Titus Andronicus

P.137 The King's Majesty's Declaration to His Subjects Concerning Lawful

Sports to Be Used (1633) P.141 The Petition of Right 1628P.143 A DECREE OF STAR CHAMBER CONCERNING PRINTING. MADEJULY 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 theLiberty of UNLICENC'D PRINTING, To the PARLAMENT of ENGLAND.P.177 LEVIATHAN (Excerpts) By Thomas Hobbes 1651P.201 The Declaration of Breda, (1660)P.202 Charles II, 1662, An Act for preventing the frequent Abuses in printingseditious treasonable and unlicensed Bookes and Pamphlets and for regulating ofPrinting 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 1736P.223 MARRIAGE AND LIFE EXPECTANCY, HARDWICKE’S MARRIAGE ACT1753

P.227 The Case of JAMES SOMMERSETT, a Negro, on a HabeasCorpus, King's Bench: 12 GEORGE III. A.D. 1771-72.P.230 Donaldson v. Beckett, Proceedings in the Lords on the Question ofLiterary Property, February 4 through February 22, 1774P.251 UNITED STATES DECLARATION OF INDEPENDENCE INCONGRESS, JULY 4, 1776P.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 2006P.266 1st Copyright Law of the USA, enacted during the 2nd session of the 1stCongress, May 31, 1790, signed by President George WashingtonP.268 THE SCARLET LETTER, 1850, by Nathaniel HawthorneP.345 EREWHON, OR OVER THE RANGE, Samuel Butler, 1872P.422 Copyright Law, By Mark F. Radcliffe and Diane Brinson of DLA PiperRudnick Gray CaryP.425 U.S. Code: Title 17 – COPYRIGHTSP.429 WIPO Copyright Treaty (adopted in Geneva on December 20, 1996)

WIPO Performances and Phonograms Treaty (WPPT) (adopted inGeneva on December 20, 1996)P.445 Sonny Bono Copyright Term Extension Act. S.505 One Hundred FifthCongress of the United States of America AT THE SECOND SESSIONP.450 The Campaign Against the Mickey Mouse Act, A sample of reactionsP.459 UNITED STATES SUPREME COURT, ERIC ELDRED ET AL v. JOHN D.ASHCROFT, ATTORNEY GENERAL – CASE N° 01-618P.504 Copyright Royalty and Distribution Reform Act (2004)P.524 The Sonny Bono Copyright Term Extension Act – Various CriticalResources

First Document, Copyright case threatens Disney, David Teatherin New York, The Guardian, Wednesday 20 February 2002 02.24 GMT Second Document, 10th anniversary of the Sonny BonoCopyright Term Extension Act: Can the good guys overturn it? (October29th, 2008) Third Document, Opposing Copyright Extension, A Forum forInformation on Congress's Recent Extension of the Term of CopyrightProtection and for Promoting the Public Domain Fourth Document, freeculture.org, STUDENTS FOR FREECULTURE – MANIFESTO Fifth Document, Cereal Solidarity brought to you byfreeculture.org Sixth Document, Lawrence Lessig's Supreme Showdown,STEVEN LEVY,MAGAZINE, DATE OF PUBLICATION: 10.01.02 Seventh Document, Art History Club, Sonny Bono CopyrightTerm Extension Act Eighth Document, CEPR, Center for Economic and PolicyResearch, “The Artistic Freedom Voucher: An Internet Age Alternative toCopyrights,” Dean Baker, November 5, 2003

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

TABLE OF CONTENTSCOMMENTARIES & PRESENTATIONS

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

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

P.4 IntroductionP.10 Table of ContentsP.14 Charter of Liberties of Henry I, 1100P.15 Magna Carta, The Great Charter of English liberty granted (underconsiderable duress) by King John at Runnymede on June 15, 1215.P.19 Medieval Torture and PunishmentP.22 The 10 Most Gruesome Torture Techniques From Medieval EuropeP.23 THE CHARTER OF KURUKAN FUGA (1235-1236) (By SIRIMANKOUYATE)P.25 William Wallace (1272 – 23 August 1305)P.26 Blind Harry’s Wallace, by William Hamilton of Gilbertfield Introduction byElspeth King and Illustrations by Owain Kirby, reviewed by Sharma Krauskopfand ratedP.30 UTOPIA, Sir Thomas MOREP.35 Stationers Company Charter Granted by Philip and Mary and confirmedby Elizabeth I. [1557]P.37 John STUBBS, The Discovery of a Gaping Gulf Whereinto England is liketo 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 AndronicusP.41 The King's Majesty's Declaration to His Subjects Concerning LawfulSports to Be Used (1633) P.43 The Petition of Right 1628

P.45 A DECREE OF STAR CHAMBER CONCERNING PRINTING. MADEJULY 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 theLiberty of UNLICENC'D PRINTING, To the PARLAMENT of ENGLAND.P.56 LEVIATHAN (Excerpts) By Thomas Hobbes 1651P.60 The Declaration of Breda, (1660)P.62 Charles II, 1662, An Act for preventing the frequent Abuses in printingseditious treasonable and unlicensed Bookes and Pamphlets and for regulating ofPrinting 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 1736P.73 MARRIAGE AND LIFE EXPECTANCY, HARDWICKE’S MARRIAGE ACT1753P.76 The Case of JAMES SOMMERSETT, a Negro, on a HabeasCorpus, King's Bench: 12 GEORGE III. A.D. 1771-72.P.79 Donaldson v. Beckett, Proceedings in the Lords on the Question ofLiterary Property, February 4 through February 22, 1774P.88 UNITED STATES DECLARATION OF INDEPENDENCE INCONGRESS, JULY 4, 1776P.91 UNITED STATES CONSTITUTION (September 17, 1787)

+ UNITED STATES CONSTITUTION, AMENDMENTS 1-10 (December15, 1791) « Bill of Rights »

+ UNITED STATES CONSTITUTION, AMENDMENTS 11-27 (February7, 1795-May 7, 1992)

P.94 COPYRIGHT IN THE USA, A TIMELINE, SUMMARY AND COMMENT ofthe 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., SUPREMECOURT, 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

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 Pressv. 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 Actof 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 CopyrightCircumvention 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 TermExtension Act

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 CommunicationsCommission 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 1stCongress, May 31, 1790, signed by President George WashingtonP.144 THE SCARLET LETTER, 1850, by Nathaniel HawthorneP.149 EREWHON, OR OVER THE RANGE, Samuel Butler, 1872P.153 Copyright Law, By Mark F. Radcliffe and Diane Brinson of DLA PiperRudnick Gray CaryP.154 U.S. Code: Title 17 – COPYRIGHTSP.158 WIPO Copyright Treaty (adopted in Geneva on December 20, 1996)WIPO Performances and Phonograms Treaty (WPPT) (adopted in Geneva onDecember 20, 1996)P.160 Sonny Bono Copyright Term Extension Act. S.505 One Hundred FifthCongress of the United States of America AT THE SECOND SESSIONP.161 The Campaign Against the Mickey Mouse Act, A sample of reactionsP.165 UNITED STATES SUPREME COURT, ERIC ELDRED ET AL v. JOHN D.ASHCROFT, ATTORNEY GENERAL – CASE N° 01-618P.180 Copyright Royalty and Distribution Reform Act (2004)P.183 The Sonny Bono Copyright Term Extension Act – Various CriticalResources

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

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

3- Third Document, Opposing Copyright Extension, A Forum for Informationon Congress's Recent Extension of the Term of Copyright Protection and forPromoting the Public Domain

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

5- Fifth Document, Cereal Solidarity brought to you by freeculture.org6- Sixth Document, Lawrence Lessig's Supreme Showdown, STEVEN LEVY,

MAGAZINE, DATE OF PUBLICATION: 10.01.027- Seventh Document, Art History Club, Sonny Bono Copyright Term

Extension Act8- Eighth Document, CEPR, Center for Economic and Policy Research, “The

Artistic Freedom Voucher: An Internet Age Alternative to Copyrights,” DeanBaker, November 5, 2003P.199 FAIR USE, Documentary Filmmakers’ Statement of Best Practices in FairUse (November 2005)

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

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

3-THIRDAPPROACH,DOCUMENTARYFILMMAKERS

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

Editions La Dondaine8 rue de la Chaussée63880 OLLIERGUES(33)473955917dondaine@orange.fr

© Dr. Jacques COULARDEAU, 2017The moral right of the author has been assertedAll rights reserved

Cover Illustration© Annunzio Coulardeau & Jacques CoulardeauThe moral right of the authors has been assertedAll rights reserved

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

Freedom of Expression and Copyright, The Foundationsof All Liberties

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