TPW 30: Sprigman on Copyright

by on September 21, 2007 · 8 comments


This week’s podcast focuses on two copyright issues. First, Congress has been considering legislation that would extend copyright-like protections to the fashion industry. Second, in the decision of Golan v. Gonzales earlier this month, the Tenth Circuit held that Congress cannot re-impose copyright restrictions on public domain materials without invoking heightened First Amendment scrutiny.

Our first guest is a man who’s been in the thick of both controversies. Chris Sprigman is professor of law at the University of Virginia. He was one of the attorneys behind the Golan case, and he wrote a widely-read paper called The Piracy Paradox” arguing against extending copyright law to the fashion industry. Our other guest, Julian Sanchez, wrote an article for the American on the Congressional effort to impose copyright restrictions on the fashion industry.

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  • http://www.fishnchippapers.com FishNChipPapers

    Very interesting podcast. I am not a lawyer but it struck me that the value of IP-free industries, such as cookery, magic and fashion, is in large part a combination of the innovative idea, the “ingredients” and the process. In contrast, once a book or piece of music has been created, it can be easily duplicated. So, give me a recipe and you can be sure that I will not create a meal of the same value as a Michelin-starred chef – I lack the process skills, the quality of ingredients, the “tricks of the trade” etc etc. Similarly, give me the instructions for a magic trick and my ham fisted-ness will ensure that I won’t be able to replicate the experience for the audience. Ditto re black material and the pattern for a chanel dress – it’s not going to happen.

  • http://www.fishnchippapers.com FishNChipPapers

    Very interesting podcast. I am not a lawyer but it struck me that the value of IP-free industries, such as cookery, magic and fashion, is in large part a combination of the innovative idea, the “ingredients” and the process. In contrast, once a book or piece of music has been created, it can be easily duplicated. So, give me a recipe and you can be sure that I will not create a meal of the same value as a Michelin-starred chef – I lack the process skills, the quality of ingredients, the “tricks of the trade” etc etc. Similarly, give me the instructions for a magic trick and my ham fisted-ness will ensure that I won’t be able to replicate the experience for the audience. Ditto re black material and the pattern for a chanel dress – it’s not going to happen.

  • Chuck

    Someone (who hardly actually spoke) had a really bad case of the sniffles during this podcast. You guys should mute your mics if you’re not going to speak for awhile. The sniffles outbursts made it very difficult to focus on the discussion.

  • Chuck

    Someone (who hardly actually spoke) had a really bad case of the sniffles during this podcast. You guys should mute your mics if you’re not going to speak for awhile. The sniffles outbursts made it very difficult to focus on the discussion.

  • http://www.techliberation.com/ Tim Lee

    Thanks for pointing that out, Chuck. I’m not sure who it was, but I’ll be sure to keep an ear out for it on future podcasts.

  • http://www.techliberation.com/ Tim Lee

    Thanks for pointing that out, Chuck. I’m not sure who it was, but I’ll be sure to keep an ear out for it on future podcasts.

  • 123@gmail.com

    I really wanted to listen to this podcast, but the sound quality was too much to take. I would recommend that one of you acts as the producer and checks sound quality, microphone levels, and for extraneous noise as you record.

    The podcasts – Slate, Cato, NPR, Filmspotting – I listen to all have high production levels because no matter how interested someone is in the content, they’re not going to listen to 45 minutes of someone sniffling, or cars driving by and beeping outside the window, or static, etc.

  • 123@gmail.com

    I really wanted to listen to this podcast, but the sound quality was too much to take. I would recommend that one of you acts as the producer and checks sound quality, microphone levels, and for extraneous noise as you record.

    The podcasts – Slate, Cato, NPR, Filmspotting – I listen to all have high production levels because no matter how interested someone is in the content, they’re not going to listen to 45 minutes of someone sniffling, or cars driving by and beeping outside the window, or static, etc.

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