intellectual property
Hi Folks, I see three issues here. 1. There's copyright law. I think copyright law as it's currently enforced in the U.S. is morally bankrupt. It's one thing to create and distribute content and be compensated for that fairly, and it's another thing to own the content and extract endless amounts of surplus value from the sheer fact of owning it. Take a look at prices on student textbooks if you don't believe me. It's all surplus value -- the press does a markup and then so does the university/college bookstore. http://www.negativland.com has a nice piece on the economics of CD pricing that I like to teach that makes a similar point. The fact that someone legally owns something does not mean that a) they are in the right for owning it; and b) that it should be owned. Moreover, FAIR USE is designed to facilitate precisely something like the forwarding of a message to a mailing list for discussion and the distribution of course materials to students as cheaply as possible for the purposes of learning. The fact that right now U.S. courts are interpreting fair use law very conservatively does not make their interpretation correct or even justifiable. Napster's a really tired issue, but it's the same kind of thing. Musicians should be compensated. The Napster ruling guarantees that record companies will be compensated, not musicians. 2. There's Jeremy. Given how copyright law is going in the U.S. right now, and given that he's supporting the list for all our benefit, I think we owe him the respect of playing it safe and not putting him in jeopardy if that's how he wants it. It seems totally reasonable to me. 3. There's the manners of forwarding. I'm of the "less is more" school of forwarding, but I know there are other points of view on the matter, and I know where my delete key is, so it's no big thing. My $.02, adjusted for inflation. Best, --J
I'd like to second Jonathan's points, and extend them by instisting that ultimately, definitions of "copyright" and "fair use" are established not just through court decisions, but through social practices that involve conflict and struggle. To the extent that we, as academics, want to insist on greater opportunities for free and open dialogue about mass culture - including sampling (the regulation of which has hamstrung the aesthetic development of rap as an artform of critique and engagment), quotation of song lyrics (an ongoing issue for scholars and critics of popular music), appropriation of literary material (as in the current Wind Done Gone controversy), etc. - we have a responsibility to push the boundaries of "fair use," and not accept the tightly constrained version copyright owners promote. That said, I agree that it's not fair to put the burden for this on Jeremy. -- Ted Friedman Assistant Professor, Department of Communication Georgia State University (404) 463-9522 tedf@gsu.edu http://www.tedfriedman.com
participants (2)
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Jonathan Sterne -
Ted Friedman