aTypical Joe: a gay New Yorker living in the rural South

Sunday, December 23, 2007

The Negative Spaces of Copyright

The Boston Globe has a piece today, Creative vigilantes, about how magicians, chefs, and stand-up comics are protecting their creative property without the law. The piece suggests this could be one future for intellectual property:

Over the past 15 years, the rise of digital technology and the global economy has made it ever easier to copy, distribute, and profit from the fruits of other people’s creativity - from the new Fergie album spreading across peer-to-peer networks to pirated “Spider-Man” DVDs showing up on the streets of Shanghai. In response, American lawmakers have instituted increasingly sweeping laws, seeking to stymie intellectual-property theft with lengthier copyright terms and more stringent consequences for violators. Without these measures, they reason, innovators will lose money, and innovation will suffer.

In something as simple as the public outcry of a Hollywood jokester, [Christopher] Sprigman, an associate professor of law at the University of Virginia, sees an approach that he hopes could put the lie to this thinking, and turn the heads of lawmakers. He sees a comedian enforcing respect for originality [expletive-laden video] without resorting to legislation, lawyers, or the courts. He sees intellectual property being protected - not by the strong arm of the government, but by way of the very technologies that have incited stronger laws in the first place.

“People usually talk about how the Internet destroys intellectual property,” says Sprigman. “But here the Internet enforces intellectual property. It helps to protect creativity by shaming pirates.”

Comedy is not the only creative industry in which scholars are finding evidence that challenges assumptions held on Capitol Hill. Over the past two years, a flurry of papers have appeared on so-called “negative spaces” of intellectual-property law - industries that receive little to no legal protection for their ideas or products, yet that continue to innovate, often at a rapid clip. Articles have already appeared about high fashion, haute cuisine, and professional magic, with another planned by Sprigman and a colleague about stand-up comedy. And already, Washington seems to be paying attention. Last July, Sprigman testified in Congress against a bill that would have tightened copyright control in the fashion industry; the fashionistas, he argued, are better off on their own. [READ ON]

Via Siva, “My UVA colleague Chris Sprigman is the star of this article.”