Revolution Lullabye

May 18, 2009

Litman, Choosing Metaphors

Litman, Jessica. “Choosing Metaphors.” In Originality, Imitation, and Plagiarism. Eds. Eisner and Vicinus. Ann Arbor: U of Michigan P, 2008. 13-26.

Litman argues that the metaphors used to understand copyright protection and fair use have changed in the past thirty years, a change that has paralleled growth in copyright protection and restrictions in fair use. Copyright, when first conceived, was a balanced bargain between the author and the public, but has now shifted to a system of incentives, one grounded in the belief that more protection and control will result in more works of authorship and financial gain for authors. Fair use is now seen as a loophole that needs to be plugged, and piracy has shifted from the large-scale acts of criminals to describe individual unauthorized acts, for profit or not. These changes in metaphors have occured at a time when there is the digital technology to enforce tighter restrictions and control over intellectual property. Litman argues that copyright should not control how someone chooses to consume a work after its initial distribution.

Quotable Quotes

The expansion of copyright has “blinded many of us to the dangers that arise from protecting too much, too expansively for too long” (14).

Copyright has now become “property that the owner is entitled to control” (17).

Notable Notes

distinction of piracy today to any individual doing any unlicensed activity (21.) It’s not enough (or shouldn’t be enough) that this unauthorized behavior could result in detremental effects. Those detremental effects should be accounted before prior to accusing someone of piracy. Everyone has always copied and shared intellectual material – that’s the name of the game.

move to limit legitimate owners of copyrighted material from doing what they please with it (19) first sale doctrine, right to reread, loan, sell, give away

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