eftychia: Me in kilt and poofy shirt, facing away, playing acoustic guitar behind head (Default)
Add MemoryShare This Entry
posted by [personal profile] eftychia at 05:24am on 2012-11-30

"[...] few of us question the contemporary construction of copyright. It is taken as a law, both in the sense of a universally recognizable moral absolute, like the law against murder, and as naturally inherent in our world, like the law of gravity. In fact, it is neither. Rather, copyright is an ongoing social negotiation, tenuously forged, endlessly revised, and imperfect in its every incarnation.

"Thomas Jefferson, for one, considered copyright a necessary evil: he favored providing just enough incentive to create, nothing more, and thereafter allowing ideas to flow freely, as nature intended. His conception of copyright was enshrined in the Constitution, which gives Congress the authority to 'promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.' This was a balancing act between creators and society as a whole; second comers might do a much better job than the originator with the original idea.

"But Jefferson's vision has not fared well, has in fact been steadily eroded by those who view the culture as a market in which everything of value should be owned by someone or other. [...]"

-- Jonathan Lethem, "The ecstasy of influence: A plagiarism", Harper's Magazine, February 2007

There is 1 comment on this entry. (Reply.)
 
posted by (anonymous) at 03:44pm on 2012-11-30
It's worth mentioning, too, that even though U.S. Copyright law was established in 1790, it was not extended to other works (and enforced rather sporadically) for nearly a century, because the majority of Anglophone cultural production was NOT American. Charles Dickens even famously lobbied Congress to stop piracy of his works by American presses and Congress basically told him to STFU because pirating British novels was extremely PROFITABLE for the fledgling American presses. Hell, Ben Franklin was what we would now call a print pirate.

The strength and strictness of American copyright law - including it's now ridiculous term extensions - is directly correlated to America's rise as a cultural exporter.

Links

January

SunMonTueWedThuFriSat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24
 
25
 
26
 
27
 
28
 
29
 
30
 
31