front cover of Inherent Vice
Inherent Vice
Bootleg Histories of Videotape and Copyright
Lucas Hilderbrand
Duke University Press, 2009
In an age of digital technology and renewed anxiety about media piracy, Inherent Vice revisits the recent analog past with an eye-opening exploration of the aesthetic and legal innovations of home video. Analog videotape was introduced to consumers as a blank format, essentially as a bootleg technology, for recording television without permission. The studios initially resisted VCRs and began legal action to oppose their marketing. In turn, U.S. courts controversially reinterpreted copyright law to protect users’ right to record, while content owners eventually developed ways to exploit the video market. Lucas Hilderbrand shows how videotape and fair use offer essential lessons relevant to contemporary progressive media policy.

Videotape not only radically changed how audiences accessed the content they wanted and loved but also altered how they watched it. Hilderbrand develops an aesthetic theory of analog video, an “aesthetics of access” most boldly embodied by bootleg videos. He contends that the medium specificity of videotape becomes most apparent through repeated duplication, wear, and technical failure; video’s visible and audible degeneration signals its uses for legal transgressions and illicit pleasures. Bringing formal and cultural analysis into dialogue with industrial history and case law, Hilderbrand examines four decades of often overlooked histories of video recording, including the first network news archive, the underground circulation of Superstar: The Karen Carpenter Story, a feminist tape-sharing network, and the phenomenally popular website YouTube. This book reveals the creative uses of videotape that have made essential content more accessible and expanded our understanding of copyright law. It is a politically provocative, unabashedly nostalgic ode to analog.

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front cover of Pink Pirates
Pink Pirates
Contemporary American Women Writers and Copyright
Caren Irr
University of Iowa Press, 2010

Today, copyright is everywhere, surrounded by a thicket of no trespassing signs that mark creative work as private property. Caren Irr’s Pink Pirates asks how contemporary novelists—represented by Ursula Le Guin, Andrea Barrett, Kathy Acker, and Leslie Marmon Silko—have read those signs, arguing that for feminist writers in particular copyright often conjures up the persistent exclusion of women from ownership. Bringing together voices from law schools, courtrooms, and the writer's desk, Irr shows how some of the most inventive contemporary feminist novelists have reacted to this history. 

 Explaining the complex, three-century lineage of Anglo-American copyright law in clear, accessible terms and wrestling with some of copyright law's most deeply rooted assumptions, Irr sets the stage for a feminist reappraisal of the figure of the literary pirate in the late twentieth century—a figure outside the restrictive bounds of U.S. copyright statutes. 

 Going beyond her readings of contemporary women authors, Irr’s exhaustive history of how women have fared under intellectual property regimes speaks to broader political, social, and economic implications and engages digital-era excitement about the commons with the most utopian and materialist strains in feminist criticism.

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front cover of The Piracy Crusade
The Piracy Crusade
How the Music Industry's War on Sharing Destroys Markets and Erodes Civil Liberties
Aram Sinnreich
University of Massachusetts Press, 2013
In the decade and a half since Napster first emerged, forever changing the face of digital culture, the claim that "internet pirates killed the music industry" has become so ubiquitous that it is treated as common knowledge. Piracy is a scourge on legitimate businesses and hard-working artists, we are told, a "cybercrime" similar to identity fraud or even terrorism.

In The Piracy Crusade, Aram Sinnreich critiques the notion of "piracy" as a myth perpetuated by today's cultural cartels—the handful of companies that dominate the film, software, and especially music industries. As digital networks have permeated our social environment, they have offered vast numbers of people the opportunity to experiment with innovative cultural and entrepreneurial ideas predicated on the belief that information should be shared widely. This has left the media cartels, whose power has historically resided in their ability to restrict the flow of cultural information, with difficult choices: adapt to this new environment, fight the changes tooth and nail, or accept obsolescence. Their decision to fight has resulted in ever stronger copyright laws and the aggressive pursuit of accused infringers.

Yet the most dangerous legacy of this "piracy crusade" is not the damage inflicted on promising start-ups or on well-intentioned civilians caught in the crosshairs of file-sharing litigation. Far more troubling, Sinnreich argues, are the broader implications of copyright laws and global treaties that sacrifice free speech and privacy in the name of combating the phantom of piracy—policies that threaten to undermine the foundations of democratic society.
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Piracy
The Intellectual Property Wars from Gutenberg to Gates
Adrian Johns
University of Chicago Press, 2009

Since the rise of Napster and other file-sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motion Picture Association of America, for instance, claimed that in 2005 the film industry lost $2.3 billion in revenue to piracy online. But here Adrian Johns shows that piracy has a much longer and more vital history than we have realized—one that has been largely forgotten and is little understood.

Piracy explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet in the twenty-first. Brimming with broader implications for today’s debates over open access, fair use, free culture, and the like, Johns’s book ultimately argues that piracy has always stood at the center of our attempts to reconcile creativity and commerce—and that piracy has been an engine of social, technological, and intellectual innovations as often as it has been their adversary. From Cervantes to Sonny Bono, from Maria Callas to Microsoft, from Grub Street to Google, no chapter in the story of piracy evades Johns’s graceful analysis in what will be the definitive history of the subject for years to come.

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front cover of Pop Song Piracy
Pop Song Piracy
Disobedient Music Distribution since 1929
Barry Kernfeld
University of Chicago Press, 2011
The music industry’s ongoing battle against digital piracy is just the latest skirmish in a long conflict over who has the right to distribute music. Starting with music publishers’ efforts to stamp out bootleg compilations of lyric sheets in 1929, Barry Kernfeld’s Pop Song Piracy details nearly a century of disobedient music distribution from song sheets to MP3s.
 
In the 1940s and ’50s, Kernfeld reveals, song sheets were succeeded by fake books, unofficial volumes of melodies and lyrics for popular songs that were a key tool for musicians. Music publishers attempted to wipe out fake books, but after their efforts proved unsuccessful they published their own. Pop Song Piracy shows that this pattern of disobedience, prohibition, and assimilation recurred in each conflict over unauthorized music distribution, from European pirate radio stations to bootlegged live shows. Beneath this pattern, Kernfeld argues, there exists a complex give and take between distribution methods that merely copy existing songs (such as counterfeit CDs) and ones that transform songs into new products (such as file sharing). Ultimately, he contends, it was the music industry’s persistent lagging behind in creating innovative products that led to the very piracy it sought to eliminate.
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front cover of Underglobalization
Underglobalization
Beijing's Media Urbanism and the Chimera of Legitimacy
Joshua Neves
Duke University Press, 2020
Despite China's recent emergence as a major global economic and geopolitical power, its association with counterfeit goods and intellectual property piracy has led many in the West to dismiss its urbanization and globalization as suspect or inauthentic. In Underglobalization Joshua Neves examines the cultural politics of the “fake” and how frictions between legality and legitimacy propel dominant models of economic development and political life in contemporary China. Focusing on a wide range of media technologies and practices in Beijing, Neves shows how piracy and fakes are manifestations of what he calls underglobalization—the ways social actors undermine and refuse to implement the specific procedures and protocols required by globalization at different scales. By tracking the rise of fake politics and transformations in political society, in China and globally, Neves demonstrates that they are alternate outcomes of globalizing processes rather than anathema to them.
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