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Copyrights Copywrongs

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Copyrights Copywrongs Copyrights Copywrongs Presentation Transcript

  • ©opyrights and ©opywrongs The Rise of Intellectual Property and How it Threatens Creativity
    • If a vibrant expressive life…is a route to happiness and if art…contributes to lifelong quality of life, what will it take to bring the benefits of an artistic life to every citizen? How can we resolve the contradiction between how Americans live art and how we” (Ivey, 118) control it and deny its use to the very public we are trying to engage, influence, and develop? “It is our duty to make clear…that copyright is a bargain, a good deal for everyone…if we can re-humanize it. Our culture and democracy depend on it” (Vaidhynathan, 254).
  • Overview and Observation
    • The rich history offered in the earlier sections of the book make this a worthy read. Vaidhyanathan explains that copyright began in England as censorship and originated in America as a freedom of expression with the benefit of the art eventually becoming free to the public to encourage more creative expression.
    • The author analyzes copyright in literature, film, music, and science, technology, and digital media.
    • Vaidhyanathan’s hope for writing the book includes inciting the American people to fight for their right for beneficial copyright laws rather than laws the censor and inhibit the creative spirit of the people.
    • Anyone interested in creating art should read this book and consider joining the quite revolution fighting the corporations and reigning in their ideas that copyright is that same as personal property rights rather it is and should be a state bestowed privilege and reward for sharing art and creative works with the public.
  • The Author: Siva Vaidhyanathan
    • Cultural Historian and Media Scholar
    • Associate Professor of Media Studies University of Virginia School of Law
    • A lecture
    AN INTERVIEW WITH A AUTHOR (how do you pronounce that?)
  • His Writing
    • Other Books:
      • The Anarchist in the Library: How Peer-to-Peer Networks are Transforming Politics, Culture, and Information
    • Articles:
      • Too numerous to list
    • Blog:
      • The Googlization of Everything
  • The Book
    • Published by New York University Press
    • April 1, 2003
    • Sample of Back Cover Quote:
    • “A rich and compelling account of the bending of American copyright law, and a promise of the balance that we could once again make the law become.”
    • Lawrence Lessig, Stanford Law School and author of Code and Other Laws of Cyberspace
  • The Layout
    • 256 pages
    • Divided into 5 Sections:
        • Copyright and American Culture: Ideas, Expressions, and Democracy
        • Mark Twain and the History of Literary Copyright
        • Celluloid Copyright and Derivative Works, or How to Stop 12 Monkeys with One Chair
        • Hep Cats and Copy Cats: American Music Challenges the Copyright Tradition
        • The Digital Moment: The End of Copyright?
  • The Contents
    • The 5 sections are sandwiched between an introduction and epilogue you don’t want to miss.
    • The introduction begins with a story about Groucho Marx receiving a warning letter from the legal department of Warner Brothers studios about his film project A Night in Casablanca. His response is entertaining – and a recommended read .
    • In the epilogue Siva offers recent examples of copywrongs beginning with a story of Martha Graham where he explains that the dancer “understood the collaborative creative process better than any lawyer or congressman ever could. She was clearly not interested in fencing in her or anyone else’s creativity” (186)
  • Points to Consider
    • “ Copyright issues are now more about large corporations limiting access to and use of their products and less about lonely songwriters snapping their pencil tips under the glare of bare bulbs…”(12).
    • “ The law specifically protects the ‘expression,’ but not the facts or the ideas that underlie the expression” (25).
    • “ Up until the end of the twentieth century, copyright was for the good of the public, a necessary evil to provide an incentive for creativity” (78).
    • “ Ethnocentric notions of creativity and a maldistribution of political power in favor of established artists and media companies have already served to stifle expression – the exact opposite of the declared purpose of copyright law” (148).
    • “ A leaky copyright system works best…when constructed recklessly, copyright can once again be an instrument of censorship, just as it was before…”(184).
  • The Key Point
    • The real message of this book, one that all artists and art supporters should know and understand, can be found on page 21:
    • “ Part of the problem with understanding the nature of copyright is that the word right is embedded in it. When Americans read the word right, the adjective inalienable tends to jump in front of it. However, copyrights would be more accurately described as ‘copyprivileges.’”
    • Although his often contrasting views of copyright law can be complex, in the book, Arts Inc., Bill Ivey explains that Siva Vaidhayantha “favors a ‘light’ copyright environment with expansive fair use and relaxed system of licenses…[verses] one that can only function within a heavy system…[where] every tidbit of entertainment…triggers some form of payment” (Ivey, 272).
    A side note:
  • Art Belongs to Society
    • Copyrights once supported fair use as a means of insuring that every citizen could benefit from the arts created by American artists, even if access was delayed to those with limited means because a society rich in the arts is a healthy society. At the same time, the copyright allowed the artist to profit from the art for a set time before bestowing it to the public good.
  • Corporate Censorship
    • Copyright originated in England as a form of censorship. It was meant to control the information and ideas citizens could share publicly and prevent anyone from speaking out against the government. Today the control stems from corporations rather than from an unpopular political system.
  • Creative Commons an alternative to Censorship:
    • The attempt to allow access creates a complex system
  • Presentation Created by Julie Cordova Please by kind and out of mutual kindness – give credit where credit is due when sharing this presentation with others – Thank you