Moral Panics and the Copyright Wars

ISBN-10: 0195385640

ISBN-13: 9780195385649

Edition: 2009

Authors: William Patry

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Description:

In Moral Panics and the Copyright Wars, William Patry, Senior Copyright Counsel at Google, examines the reasons for a state of affairs described as "The Copyright Wars": the battles - in the courts, before Congress, and in the press - over uses of copyrighted works and the proper scope of copyright protection. Patry carefully explains how commonly used metaphors relating to property and theft are being used by copyright owners to create "moral panics" in their efforts to passlegislation to preserve the economic status quo. By unveiling the underlying intent -- and effect -- of these linguistic campaigns, Patry reframes the debate in terms of how copyright can best be used to serve the greater public good and to foster innovation. This book is an examination of the use ofmetaphors and rhetoric in contentious social and cultural debates and copyright specifically, as well as a larger examination of the evolution of copyright, highlighting differences between historical perceptions of copyright and the more aggressive approach that has driven developments in the law. It focuses on the tactical use of "moral panics" and "folk devils," with specific examples and case studies to explain how copyright battles have unfolded, most often to the benefit of copyrightowners, who have resisted innovation in the attempt to maintain their economic power.
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Book details

List price: $35.95
Copyright year: 2009
Publisher: Oxford University Press, Incorporated
Publication date: 9/3/2009
Binding: Hardcover
Pages: 292
Size: 6.50" wide x 9.50" long x 0.75" tall
Weight: 1.210
Language: English

William Patry is Senior Copyright Counsel at Google Inc. He previously served as copyright counsel to the U.S. House of Representatives, Committee on the Judiciary, a Policy Planning Advisor to the Register of Copyrights, a law professor, and in the private practice of law. He is the most prolific scholar of copyright in history, including being the author of an eight-volume treatise and a separate treatise on the fair use doctrine.

Acknowledgments
Disclaimer
Introduction
How the Copyright Wars Are Being Fought and Why
The Copyright Wars and Business Models
The Internet and Push versus Pull Marketing
Appetite for Self-Destruction: The Record Industry's Failure to Offer an Alternative to Napster
The Copyright Wars and the Great Cultural Revolution
The Digital Guillotine
The Copyright Wars and Framing
The Copyright Wars and Piracy
The Copyright Wars and Marketing Myopia
Control as the Business Model
Chicken Little and False Figures
Copyright, Innovation, and Joseph Schumpeter's "Creative Destruction"
The Copyright Wars as a Rearguard Effort to Stave Off Innovation
The Role of Metaphors in Understanding
Figurative Metaphors
I.A. Richards and the Beginning of Conceptual Metaphors
Max Black's Theory of Associated Commonplaces
The Role of Repetition in Metaphors
Conceptual Metaphors
Metaphors and Emotion
Emotions and Cognitive Misers
Metaphors and the Law
Ideas as Metaphors
The Mythical Origins of Copyright and Three Favorite Copyright Metaphors
The Mythical Origins of Copyright
The Utilitarian/Consequentialist Origin Story
Competition and IP Rights
The Labor Origin Story
Natural Rights and Geniuses
Copyright Has Historically Been Unimportant to Authors
Three Favorite Copyright Metaphors
Authors as the Parents of their Works: The Birth Metaphor
No Author Is an Island
Copyright Is an Economic Commodity
Orphan Works
The Agrarian Metaphor: Reaping What You Haven't Sown
Origins of the Metaphor
Rejection of the Metaphor in the United States
Forms of the Metaphor
Thieves and Trespassers, Pirates and Parasites
Property as Social Relationships
The Myths of Economic Freedom and Market Fundamentalism
Social Relationships
Use of Metaphors in Establishing Claims to Property Rights
Blackstone and the Nature of Property
Why Classifying Copyright as Property Is Important in the Copyright Wars
Copyright as Social Relations, Not as a Property Right
The Ahistorical Claim that Copyright Is a Natural Property Right
Authors and Trickle Down Economics
Copyright Now as Then: Plus &ccidle;a Change, Plus C'est la M&ehat;me Chose
Copyright as a Statutory Tort
Property Rights Involve Burdens, Not Just Benefits
Why Do Copyright Owners Continue to Refer to Copyright as a Property Right?
Property Rights as a Burden-Shifting Tool
The Endowment and Attachment Effects
The Endowment Effect
The Attachment Effect
Moral Panics, Folk Devils, and Fear as a Tactical Weapon
Moral Panics
Folk Devils
Copyright Owners and Moral Panics
Jack Valenti: Master of Moral Panics
Moral Panics, Home Video, and the Boston Strangler: The Real Story
The Home Video Market and Thomas Edison
Cartrivision and the First Home Rental Market
The Betamax Case and the Fight for the Home Video Market
Hollywood and Video Rental
The Redbox Suit
The Digital Millennium Copyright Act
Access Controls
Take-Down Notices Under the DMCA: Suppression of Free Speech and Creativity
How Innovation Occurs: Creative Destruction and Disruptive Technologies
The Design of the Internet and the World Wide Web
The Barbarian as the Gatekeeper
The Associated Press
ACAP
South Korea and Japan: The Future Is Here
South Korea
Japan
Conclusion
Notes
Index
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