Copyrights and Copywrongs

Contents

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pp. v-vi

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Acknowledgments

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pp. vii-xii

My greatest debt is to Shelley Fisher Fishkin. She has been an ideal mentor throughout my brief career and will continue to inspire my explorations for years to come. As Professor Fishkin exemplifies, there is no warmer social and intellectual support system than the circle of Mark Twain scholars around the world. Victor Doyno and Robert Hirst...

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Introduction

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pp. 1-16

IN 1946 , GROUCHO Marx received a letter from the legal department of Warner Brothers studios. The letter warned Marx that his next film project, A Night in Casablanca, might encroach on the Warners’ rights to their 1942 film Casablanca...

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Chapter 1: Copyright and American Culture. Ideas, Expressions, and Democracy

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pp. 17-34

AT SOME POINT late in every televised baseball game, an announcer sounds the familiar warning: “No pictures, descriptions, or accounts of this game may be rebroadcast or retransmitted without the expressed, written consent of the office of the Commissioner of Major League Baseball.”...

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Chapter 2: Mark Twain and the History of Literary Copyright

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pp. 35-80

ON FRIDAY, DECEMBER 7, 1906, Senator Alfred Kittredge of South Dakota called Mr. Samuel Langhorne Clemens to the dark oak witness table in the Congressional Reading Room of the Library of Congress. A crowd had gathered, larger than those to which the joint Committee on Patents was accustomed. People came to hear America’s favorite author...

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Chapter 3: Celluloid Copyright and Derivative Works Or, How to Stop 12 Monkeys with One Chair

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pp. 81-116

SOME PEOPLE CONSIDERED Groucho Marx and his brothers thieves. Many comedians who had their start on the vaudeville stage participated in the age-old habit of act appropriation and joke stealing. Everybody did it, but the Marx Brothers got caught a few times...

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Chapter 4: Hep Cats and Copy Cats. American Music Challenges the Copyright Tradition

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pp. 117-148

SHIRLEY DIXON WAS thirteen years old in 1976, when she first played the Led Zeppelin song “Whole Lotta Love” for her father. Shirley had borrowed the 1969 album Led Zeppelin II from a friend because the hit song from it had reminded her of one of her father’s compositions...

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Chapter 5: The Digital Moment.The End of Copyright?

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pp. 149-184

THE JAZZ PIANIST Herbie Hancock started his career in Chicago in the 1960s, playing with such legends as Donald Byrd, Wes Montgomery, Quincy Jones, Sonny Rollins, and Dexter Gordon. By the late 1960s, Hancock had moved beyond blues and bop, experimenting with the avant-garde sounds of Eric Dolphy. Most of Hancock’s notoriety...

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Epilogue

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pp. 185-189

FOR SOME GOOD reasons, we could call the summer of 2000 “the Summer of Napster.” Not a week went by when the Revolutionary music distribution software did not garner headlines in the popular press. Everyone from college students to the U.S. Department of Justice weighed in on the matter. But I prefer to remember 2000 as “the Summer...

Notes

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pp. 191-230

Index

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pp. 231-242

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About the Author

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pp. 243-244

SIVA VAIDHYANATHAN has written for the Nation, the Chronicle of Higher Education, the Dallas Morning News,the Austin American-Statesman, and the Fort Worth Star-Telegram...