Copyrights and Copywrongs: The Rise of Intellectual Property and How it Threatens Creativity (Fast Track Books) - Hardcover

Vaidhyanathan, Siva

Hardcover

ISBN 10: 0814788068 ISBN 13: 9780814788066

Publisher: NYU Press, 2001

Synopsis

An in-depth look at American copyright law and the flaws of its current legal framework

Copyright reflects far more than economic interests. Embedded within conflicts over royalties and infringement are cultural values―about race, class, access, ownership, free speech, and democracy―which influence how rights are determined and enforced. Questions of legitimacy―of what constitutes “intellectual property” or “fair use,” and of how to locate a precise moment of cultural creation―have become enormously complicated in recent years, as advances in technology have exponentially increased the speed of cultural reproduction and dissemination.

In Copyrights and Copywrongs, Siva Vaidhyanathan tracks the history of American copyright law through the 20th century, from Mark Twain’s vehement exhortations for “thick” copyright protection, to recent lawsuits regarding sampling in rap music and the “digital moment,” exemplified by the rise of Napster and MP3 technology. He argues persuasively that in its current punitive, highly restrictive form, American copyright law hinders cultural production, thereby contributing to the poverty of civic culture.

In addition to choking cultural expression, recent copyright law, Vaidhyanathan argues, effectively sanctions biases against cultural traditions which differ from the Anglo-European model. In African-based cultures, borrowing from and building upon earlier cultural expressions is not considered a legal trespass, but a tribute. Rap and hip hop artists who practice such “borrowing” by sampling and mixing, however, have been sued for copyright violation and forced to pay substantial monetary damages. Similarly, the oral transmission of culture, which has a centuries-old tradition within African American culture, is complicated by current copyright laws. How, for example, can ownership of music, lyrics, or stories which have been passed down through generations be determined? Upon close examination, strict legal guidelines prove insensitive to the diverse forms of cultural expression prevalent in the United States, and reveal much about the racialized cultural values which permeate our system of laws. Ultimately, copyright is a necessary policy that should balance public and private interests but the recent rise of “intellectual property” as a concept have overthrown that balance. Copyright, Vaidhyanathan asserts, is policy, not property.

Bringing to light the republican principles behind original copyright laws as well as present-day imbalances and future possibilities for freer expression and artistic equity, this volume takes important strides towards unraveling the complex web of culture, law, race, and technology in today's global marketplace.

About this title

About the Author

Siva Vaidhyanathan is the Robertson Family Professor of Media Studies at the University of Virginia. His work has appeared on public radio, on CNN, BBC, and in publications such as The American Scholar, The Columbia Journalism Review, The Nation, The New York Times Magazine, Washington Post BookWorld, Fast Company, The Chronicle of Higher Education, BookForum, and Dissent.

Reviews

Vaidyanathan, a professor at the School of Information Studies of the University of Wisconsin and frequent NPR commentator, details the specious ideological evolution of copyright from a set of loose policies intended to encourage cultural expression into a form of property law (now codified in the controversial Digital Millennium Copyright Act of 2000) that functions as a seal on creative works. In prose remarkably free of legal and academic jargon, Vaidyanathan begins with a concise, well-paced history of copyright from the framing of the Constitution through the literary world of Mark Twain and the advent of music sampling. The book is surprisingly entertaining, as Vaidyanathan deftly weaves a wide array of episodes from popular culture into a cogent examination of both the creative process and the laws and commercial interests that process dovetails with, then closes with a synthesis and a stern warning for the digital age. Through a combination of copyright laws, contract law and technological controls, Vaidyanathan asserts that corporate control over the use of software, digital music, images, films, books and academic materials. But copyright law, he argues, was designed to be flexible, and this elasticity is essential for the cultural vibrancy and political balance of our democracy. The argument is compelling. In the age of Napster, digital piracy may be the cause c‚lŠbre, but this well-crafted and important book shows that there are graver concerns for the public in the entertainment industry's effort to tighten its grip on intellectual property. (Oct.)Forecast: Copyright used to be of interest only to a gaggle of Hollywood lawyers, but with the advent of technologies like Napster, it has become an issue of major importance to many more. This book is simply the best on the subject to date, and it should receive widespread attention. Random House is publishing a book on a similar subject by the Microsoft trial expert Lawrence Lessig in November, which will only further heighten interest.

Copyright 2001 Cahners Business Information, Inc.

Vaidhyanathan challenges the common notion of copyright as "property," asserting instead that it is "policy," which should include the best interests of the public as well as those of the artists, musicians, writers, and other creative people. Vaidhyanathan further challenges romantic ideas of copyright laws protecting authors, asserting the real issue is "ownership," by which the publishing and other business interests assert their monopolistic control. Providing examples from Mark Twain to 2 Live Crew, he challenges the emphasis on originality and recommends a shift in focus to stylistic innovation. While this is not a legal history, it traces the development of copyright law in the U.S. through the twentieth century, examining its roots in British law and its impact on film, music, television, and literature. The author proposes a more functional approach to copyrights that focuses on protecting specific expressions but not the ideas that lie beneath them. American culture would benefit more from a system that guarantees "thin" copyright protection that encourages creativity yet provides a broad "fair use" of copyrighted material. Vernon Ford
Copyright © American Library Association. All rights reserved

The author, a media scholar and cultural historian, presents a reasoned and compelling argument for "thin" copyright policy. Vaidhyanathan traces the evolution of copyright law, arguing that it has come to restrict creativity and enjoin cultural expression that arises outside of white American and European traditions. He begins his look at the history of the law with the story of Mark Twain's call for perpetual copyright and its influence on the current author-centered view of the rights to creative works. He continues with interesting examples of recent contests involving property rights to film and music, the details of which illustrate the tangle of interests that is created by law, technology, and culture. Well researched and thoughtfully presented, this is important for most academic and public libraries and essential reading for the library community. Joan Pedzich, Harris Beach LLP, Rochester, NY
Copyright 2001 Reed Business Information, Inc.

Edition details

• Publisher: NYU Press
• Publication date: 2001
• Language: English
• ISBN 10: 0814788068
• ISBN 13: 9780814788066
• Binding: Hardcover
• Edition number: 1
• Number of pages: 255