Authors, Users, and Pirates: Copyright Law and Subjectivity (The Information Society Series)

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. How should we think about authorship, use and piracy in an era of media convergence? How does the growing focus on amateur creativity impact on existing legal and cultural understandings of around creation? And why are the author, user and pirate so prominent in debates around copyright law? __Authors, Users, Pirates: Copyright Law and Subjectivity__ presents a new way of thinking about these three central subjects of copyright. It outlines a relational approach to subjectivity, charting connections between the author, user and pirate through a series of historical and contemporary case studies, moving from early regulatory debates around radio spectrum and nineteenth century cases on book abridgments to the controversial reuse of Instagram photos and the emergence of multi-channel networks on YouTube. The book draws on legal scholarship, cultural theory and media studies research to provide a new way of thinking about subjectivity and copyright. It also offers insights into a range of critical issues that sit at the intersection of copyright law and digital media including online copyright infringement, amateur media production and the potential futures of creative industries. An examination of subjectivity in copyright law, analyzing authors, users, and pirates through a relational framework. copyright law; digital media; intellectual property law; cultural studies; subjectivity; relationality, authorship; piracy; use; legal theory; creativity; author, pirate, user; social media; relational; peer-to-peer networks; legislation; artistic practice; IP policy; sampling; music; media regulation; media distribution; United States copyright law; United States; Canada; Canadian copyright law; Australia; Australian copyright law; United Kingdom; U.K. copyright law; common law; statutory law; participatory culture; innovation; remix; online piracy; fair use; fair dealing; user generated content; abridgment; contemporary art; information law; digital rights; user rights