Copyrights and Copywrongs
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Product Description
Review
"Siva Vaidhyanathan has done a big favor for the academic and library communities. In this book, he has spelled out in clear, understandable language what's at stake in the battles over the nation's intellectual property. The issues brought forward are critical to the future of scholarship and creativity. Librarians and academics are wise to purchase this book and add it to their 'must read' lists."
-Nancy Kranich, President, American Library Association, 2000-2001
Product Description
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.
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Amazon.com:
16 reviews
19 of 21 people found the following review helpful
highly recommended
9 May 2002
Format:Hardcover
I really enjoyed this book, not least because I am an academic and feel quite strongly about the importance of access to information. The public's rights to fair use of material for research, teaching, criticism, etc. are being infringed upon or ignored, and Vaidhyanathan does a fine job of explaining where those rights came from, how they have changed over the past hundred years or so, and the reasons why they are now in danger. Many current ideas about intellectual property do indeed threaten creativity. I enjoyed particularly the section on sampling in rap music, as well as the author's discussion of current efforts by large companies and organizations to exact payment for viewing any and all "content" (including scientific information, news, and other data that should not fall under copyright). Vaidhyanathan's discussion of the history of copyright law before the twentieth century was not as good as the rest of his analysis; I thought that the English precidents in the eighteenth century and earlier could have been explained a little more fully. However, over all, this was an engaging and informative book.
10 of 11 people found the following review helpful
Entertaining and Informative
20 Sep 2002
Format:Hardcover
I read this book as part of my research for a paper on the history of copyright policy. I found Vaidhyanathan to be both well-informed and a good writer. Unlike many resources on this topic, Copyrights and Copywrongs was quite interesting to read. Vaidhyanathan's book is both insightful and entertaining. If you've ever wondered how in the world something like Copyright policy could be interesting or relevant, you should pick up this book. Once you do, you'll almost certainly keep reading until you've reached the end. If you want to learn about the history of Copyright policy and how it affects you, you should definitely read this book. ...
10 of 12 people found the following review helpful
Siva makes this tough subject understandable. Kudos!
23 Nov 2001
Format:Hardcover
Siva Vaidyanathan had translated a sometimes incredibly misunderstood concept/subject into a reasonably understandable story. And, even more incredibly, it was written by a non-attorney (Siva is a professor at the U. of Wisconsin, School of Information Studies). "Copyrights and Copywrongs" covers the history and bastardization of American copyright law. Siva attempts to make relatively simple suggestions for fixing our complex, arcane system of protecting intellectual property rights.
Siva begins his "story" recounting in incredibly understandable terms, the history of the copyright ranging from the framing of the U.S. Constitution, the rights afforded musicians (recently challenged by the likes of ...) and of course, literary and digital works. Siva does not concentrate on the theoretical nature of this quagmire rather, he examines the issues as it relates to current issues and events making the content interesting and readable. He argues, very persuasively, that the current copyright laws in their punitive and restrictive form y hinder creativity and free expression. Further, he compellingly argues that the original intent of the laws were designed for flexible application to maintain cultural balance.
The issues framed in this book encompass the very future of creativity vital to industry, commerce, and free expression. A very enjoyable read even given the somewhat difficult nature of the subject matter.
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