Moral Panics and the Copyright Wars

Hardcover | August 29, 2009

byWilliam Patry

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Metaphors, moral panics, folk devils, Jack Valenti, Joseph Schumpeter, John Maynard Keynes, predictable irrationality, and free market fundamentalism are a few of the topics covered in this lively, unflinching examination of the Copyright Wars: the pitched battles over new technology, businessmodels, and most of all, consumers.In Moral Panics and the Copyright Wars, William Patry lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. Patry demonstrates how copyright is a utilitarian government program--not a property or moral right. As a governmentprogram, copyright must be regulated and held accountable to ensure it is serving its public purpose. Just as Wall Street must serve Main Street, neither can copyright be left to a Reaganite "magic of the market." The way we have come to talk about copyright--metaphoric language demonizing everyone involved--has led to bad business and bad policy decisions. Unless we recognize that the debates over copyright are debates over business models, we will never be able to make the correct business and policydecisions. A centrist and believer in appropriately balanced copyright laws, Patry concludes that calls for strong copyright laws, just like calls for weak copyright laws, miss the point entirely: the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new worksand learning. Our current regime, unfortunately, creates too many bad incentives, leading to bad conduct. Just as President Obama has called for re-tooling and re-imagining the auto industry, Patry calls for a remaking of our copyright laws so that they may once again be respected.p align="center"embed width="458" height="84" menu="true" loop="true" play="true" src="/documents/Flash/banner(2).swf" pluginspage="http://www.macromedia.com/go/getflashplayer" type="application/x-shockwave-flash"/embed/p

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Metaphors, moral panics, folk devils, Jack Valenti, Joseph Schumpeter, John Maynard Keynes, predictable irrationality, and free market fundamentalism are a few of the topics covered in this lively, unflinching examination of the Copyright Wars: the pitched battles over new technology, businessmodels, and most of all, consumers.In Moral...

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, incl...

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Format:HardcoverDimensions:292 pages, 9.3 × 6.1 × 1 inPublished:August 29, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195385640

ISBN - 13:9780195385649

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Table of Contents

1. How the Copyright Wars Are Being Fought and Why2. The Role of Metaphors in Understanding3. Metaphors and the Law4. The Mythical Origins of Copyright and Three Favorite Copyright Metaphors5. Property as Social Relations6. Why Classifying Copyright as Property Is Important in the Copyright Wars7. Copyright on Steroids: Before BALCO8. Moral Panics, Folk Devils, and Fear as a Tactical Weapon9. How Innovation Occurs: Creative Destructive and Disruptive Technologies