View the Table of Contents. Read the Introduction.
.,."Perhaps the most impressive thing about Vaidhyanathan, a
superb writer and speaker, is that he has made such complicated
issues not only understandable but almost, well,
entertaining."
--"Library Journal"
"A fascinating journey through the cultural history of copyright
law. "Copyrights and Copywrongs" is remarkably readable, mercifully
free of legal jargon, and entertaining. It is also thoroughly
researched and includes extensive notes and references. This text
belongs on the shelf of anyone interested in the ethics and
development of copyright."
--"International Journal of Law and Information Technology"
"Vaidhyanathan traces the expansion of American copyright from
the late nineteenth century on, giving an especially interesting
account of the complexities and absurdities raised by its
application to film and music."
-- "American Quarterly"
"This book makes it clear that copyright struggles are not new
and will continue in the years ahead. . . . He makes that case
readable, understandable, and even entertaining."
--"Portal: Libraries and the Academy"
"Remarkably readable, free of legal jargon, and entertaining . .
. the author's arguments are cogent, enlightening, and important to
all information professionals."
--"College & Research Libraries"
"Illuminating"
-- "Bookforum" April-June 2002
"It has taken lawyers 200-plus years to morph copyright law from
the balanced compromise that our framers struck to the
extraordinary system of control that it has become. In this
beautifully written book, a nonlawyer has uncovered much of the
damage done. "Copyrights and Copywrongs" is a rich andcompelling
account of the bending of American copyright law, and a promise of
the balance that we could once again make the law become."
--Lawrence Lessig, Stanford Law School and author of "Code and
Other Laws of Cyberspace"
"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
amust read' lists."
--Nancy Kranich, President, American Library Association,
2000a2001
""Copyrights and Copywrongs" is an urgent information-age
wake-up call to a public cocooned in belief that acopyright' is a
seal and safeguard for consumers and producers of culture-ware.
This book guides us into the legal labyrinth of a new world of
so-called intellectual property, in which afair use' isn't fair,
where rights are waived and free speech--when we can get it--costs
a great deal of money. From print books to video games, "Copyrights
and Copywrongs" shows free expression in a legalistic chokehold.
Clearly written, meticulously argued, this book is a must."
--Cecelia Tichi, author of"Embodiment of a Nation: Human Form in
American Spaces"
"Bravo! When you read this brillant, often-amusing,
always-penetrating book-- and you must read it as soon as possible
-- you will be persuaded that our Founding Fathers were wise and
right when they made the law allowing an author's copyright to
exist for a limited time only, either 14 or 28 years."--"CU
Cityview"
Copyright reflects farmore 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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