Authors, Users, and Pirates

Copyright Law and Subjectivity

James Meese (Lecturer, University of Technology Sydney)

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English

MIT Press
31 October 2023

An examination of subjectivity in copyright law, analyzing authors, users, and pirates through a relational framework.

An examination of subjectivity in copyright law, analyzing authors, users, and pirates through a relational framework.

In current debates over copyright law, the author, the user, and the pirate are almost always invoked. Some in the creative industries call for more legal protection for authors; activists and academics promote user rights and user-generated content; and online pirates openly challenge the strict enforcement of copyright law. In this book, James Meese offers a new way to think about these three central subjects of copyright law, proposing a relational framework that encompasses all three. Meese views authors, users, and pirates as interconnected subjects, analyzing them as a relational triad. He argues that addressing the relationships among the three subjects will shed light on how the key conceptual underpinnings of copyright law are justified in practice.

Meese presents a series of historical and contemporary examples, from nineteenth-century cases of book abridgement to recent controversies over the reuse of Instagram photos. He not only considers the author, user, and pirate in terms of copyright law, but also explores the experiential element of subjectivity-how people understand and construct their own subjectivity in relation to these three subject positions. Meese maps the emergence of the author, user, and pirate over the first two centuries of copyright's existence; describes how regulation and technological limitations turned people from creators to consumers; considers relational authorship; explores practices in sampling, music licensing, and contemporary art; examines provisions in copyright law for user-generated content; and reimagines the pirate as an innovator.

By: James Meese (Lecturer University of Technology Sydney)
Imprint: MIT Press
Country of Publication: United States
Dimensions: Height: 229mm, Width: 152mm,
Weight: 369g
ISBN: 9780262549653
ISBN 10: 0262549654
Pages: 240
Publication Date: 31 October 2023
Recommended Age: From 18 years
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Acknowledgments ix Introduction: Copyright Law and Subjectivity— A Relational Approach 1 1 Connected Origins: Locating Relationality in Copyright History 21 2 From the Piratical to the Creative User 39 3 Creative Practice and Relational Authorship 61 4 Locating the User and Reforming Law 85 5 Reimagining the Pirate: Approaching Infringement Relationally 111 6 Producing the Pirate: The Courtroom and Cultural Power 131 Conclusion 155 Notes 163 Bibliography 205 Index 221

James Meese is a Lecturer in the School of Communication at the University of Technology Sydney.