Karl-Erik Tallmo on Sat, 14 May 2005 18:47:55 +0200 (CEST)

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Re: <nettime> Fwd: 800 pirates demonstrated in Stockholm on May

If you strip away the purely economic aspects it is very much a question 
of privacy - protection of the integrity of both work and artist.

The right to publish a previously unpublished piece of work is entirely 
the author's or artist's. Warren & Brandeis found this to be fundamentally 
a question of privacy when they wrote their article "The Right to 
Privacy". During the 18th and 19th century it was very common that 
manuscripts or letters belonging to writers or famous people were stolen 
and published, which led to a couple of interesting cases, like Prince 
Albert v. Strange (1849) or Pope v. Curll (1741).

Something similar happened as early as 1525 when Martin Luther's 
Fastenpostille was stolen in manuscript form in Wittenberg and printed in 
Nuernberg. The manuscript - nota bene - was not finished, so the published 
book was not at all according to Luther's intentions.

/Karl-Erik Tallmo

>Copyright is specifically about the publication of a work, so I'm very
>confused by the claim that it is a privacy right.
>To me it seems related to privacy in the way that other property rights
>are.  Defining domains of control for a private individual. That is
>diffrent from being a "privacy right" in itself.  It is about encouraging
>distribution of information, not about controlling it. Privacy is about
>controlling the distribution of information.

>Sincerely, Craig Brozefsky <craig@red-bean.com>



    KARL-ERIK TALLMO, writer, editor

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