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JustinColanninoFirstPaper 17 - 20 Mar 2009 - Main.JustinColannino
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Does Copyright Deter Social Movements? | | | Dana, I completely agree re: the shrinking of the public domain via term consolidation and extension. I am a bit wary, though, of the chilling effect arguments as applied to the copyright law itself: I don't want to blame the copyright statute (with the possible exception of the potentially ridiculous statutory damages) for overzealous attorneys' going beyond it. It seems to me that the GS should fall under 110(4)(B) -- if we treat the demand for licensing as a notice of disapproval under that section, I am tempted to say that the press will sort things out. Less-connected camps have the advantage of being small enough to be less noticeable and not really worth bugging--and even they can generate a local outcry sufficient to enrage a representative. I doubt (but welcome anecdotes) that any social move-rs are scrapping their plans to fight for justice out of fear of copyright, or even consulting a lawyer (much less receiving counsel) about the copyright consequences of appropriating popular culture.
-- DanielHarris - 11 Mar 2009 | |
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> | Daniel, you say: “I was just objecting to the implication that copyright law as it stands can be an impediment to protesters singing songs in 'meatspace'--this is an overreach and weakens the other valuable points to be made here.”
This implication is a miscommunication and as the author this is likely my fault. I tried to argue that the way that copyright deters social movements is that it is hard for songs to catch on, because they are deterred from being distributed by record (even the compulsory license has limitations see §115(2)), at camp, or through youtube. I believe copyright can be an impediment to 'meatspace' singing, but it is only because people end up not knowing the tune, but I don't think that this impediment is what you are objecting to. If you could point out where you got this implication, I would appreciate it.
Also, I think your last sentence shows another point of miscommunication, I think you got hung up on Dana's characterization of my argument (“the movements that never happen or those that fail because of what they are unable to take from the culture around them”). My paper is not about social movements not being started because of copyright law. It is about copyright making social movements less effective by limiting the expression available to the movement, which deters the movement's growth. The incremental harm of restricting expression leads to the message becoming less effective, and thus, less people hearing it. Your John McCain example illustrates this point well.
-- JustinColannino - 20 Mar 2009 | | | |
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