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William Patry
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Moral Panics and the Copyright Wars 1st Edition

by William Patry (Author)
4.4 4.4 out of 5 stars 20 ratings
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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, business models, 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 government program, 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 policy decisions.
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 works and 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.
Previous page
  1. ISBN-10
    0195385640
  2. ISBN-13
    978-0195385649
  3. Edition
    1st
  4. Publisher
    Oxford University Press
  5. Publication date
    September 3, 2009
  6. Language
    English
  7. Dimensions
    1 x 6.4 x 9.3 inches
  8. Print length
    292 pages
  9. See all details
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Editorial Reviews

Review


"A thought-provoking and highly readable book by one of America's top copyright scholars. Anyone interested in modern copyright debates needs to read it."
-Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law

"Patry's insight into copyright law itself has long been established, but with this book he takes us deep into how the debate surrounding copyright law has been twisted and distorted. This is a must-read for anyone looking to understand the real issues in the copyright debate, both from the business-model and policy perspectives."
-Mike Masnick, Founder and CEO, Floor64

"Patry makes real policy prescriptions and emphasizes hard economic data, combined with his characteristic morality, innovation, and learning. This is an important book."
-Carl Malamud, Founder, Public.Resource.Org

"Patry's argument for reforming copyright law to promote modern day innovation is both engaging and meticulously supported by history and facts - an essential read for copyright practitioners and policymakers alike."
-R. David Donoghue, Partner, Holland & Knight

"A bold and brilliant analysis of key cultural, business, economic, philosophical, and legal issues. Do we need 'creative destruction'? A must for the copyright community and its onlookers."
-Howard Knopf, Counsel, Macera & Jarzyna, LLP

"Few people are as qualified to write a book about the copyright wars as William Patry...And Patry has written a very fine book indeed. Reading Moral Panics is like watching a master brick layer gracefully and effortlessly build a solid wall: no wasted motion, no sweat, no missteps. Patry knows this subject better than anyone and can really explain it. This is the part of the debate that usually has me frothing at the chops, but Patry remains admirably calm as he carries this off, explaining in terms that anyone can understand the terrible violence that this kind of monopoly control does to our discourse, the arts, and competition and innovation."
-http://www.boingboing.net/2009/09/14/patrys-moral-panics.html>

"The short version is 'it's great.'
- Mike Masnic-TechDirt's

"The tone is, as Patry hoped, civil and the two copyright lawyers' thoughts are well worth reading for anyone with an interest in the state of copyright law."
-Robert J. Ambrogi Legal Blog Watch

"William Patry has recently written a fascinating book entitled Moral Panics and the Copyright Wars which should be illuminating reading for every photographer interested in copyright in the digital age. In summary, Moral Panics and the Copyright Wars gives a good introduction to understanding the background and context of energetic discussions of copyright in this age. We all as photographers, along with all participants in the digital copyright wars would do well to heed the advice of the author, tone down the rhetoric, and work towards innovative solutions."
-David Sanger's Blog-White House Correspondent for the New York Times


Book Description

You'll never think of copyright the same way again

Product details

  • Publisher ‏ : ‎ Oxford University Press; 1st edition (September 3, 2009)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 292 pages
  • ISBN-10 ‏ : ‎ 0195385640
  • ISBN-13 ‏ : ‎ 978-0195385649
  • Item Weight ‏ : ‎ 1.22 pounds
  • Dimensions ‏ : ‎ 1 x 6.4 x 9.3 inches
  • Customer Reviews:
    4.4 4.4 out of 5 stars 20 ratings

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William Patry

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4.4 out of 5 stars
4.4 out of 5
20 global ratings

Top reviews from the United States

John Spiers
5.0 out of 5 stars A Most Worthy Opponent
Reviewed in the United States on May 25, 2013
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As I study "intellectual" "property" "rights" with a view to writing something sometime, I am obliged to read the best works on the topic. I keep coming across references to a work by one William Patry, a copyright lawyer. Now note that designation, not "intellectual" "property" "rights" lawyer, or patent lawyer (although he is one), merely "copyright lawyer."

In fact, he bills himself (and no doubt his clients) as the "most prolific scholar of copyright in history." He also defines himself as a centrist on the topic of copyrights. In his book he is given to such citations as "the greatest speech ever given on copyrights". Which, of course, the most prolific scholar would be in a position to assess the greatest speech, wouldn't he? Well, talk about an opportunity to get in some serious lawyer-bashing. This guy is leaves himself wide open.

And since he is pro-copyright, he is necessarily to me an implacable enemy. I should make clear, as a content-creator, I am against all copyrights, patents, trademarks, etc. It is the only rational position for a creative person to take.

Now, having said that, the book is probably the best thing written on copyrights, ever. He is probably the most prolific scholar of copyright in history. The thing is a stunning tour de force. It's a mere 200 pages of content, and I am only through page 84, but I must pause and report.

Only at page 84 and he has destroyed all arguments for "intellectual" "property" "rights". And I mean he catalogs each one that is used today, traces the history of the argument, and destroys them. All of them.

He examines the pro-IPR data regarding the losses incurred by industry. This is a particularly delightful section, demonstrating the entire oeuvre is bogus, and forensically it could not rise to the level of social interest. There is nothing to support the claims of losses by anyone in any industry. Now, I have said the same thing many times, from a practical level, but Patry hits it from a forensics angle. All taxpayer money directed at enforcement of "intellectual" "property" "rights" is now clearly a waste.

Nonetheless, the full federal power of policing of "intellectual" "property" "rights" is brought down upon 12 year old girls. Edgar Bronfman, when not leveraging the holocaust to shake down Swiss bankers, and Jack Valenti are the villains in this piece. But the gallery of pro-IPR rogues is vast. I suppose if Diane Von Furstenberg had made her greedy demands before the book was printed she too would have been included.

And Patry is no idiot savant who solely mastered copyrights, he ranges outside his field with breathtaking perspicacity. Like a Chomsky-grade linguist, Patry takes on metaphors used in the copyright wars to defend "intellectual" "property" "rights". He asks us to pause and reflect on in what way is a 12 year old girl who downloads music like a pirate?

Pirates vs. downloader. Does this matter? Well, very much. As you see, a 12 year old girl who downloaded a song feels the weight of the law, like a pirate, if we call her one. If Federal Prosecutor can call Aaron Swartz a pirate, the Federal Prosecutor can hound Swartz literally to death. And did. China is so taken by the pirate argument its new laws in fact make provision for the death penalty of copyright violators.

So far Patry has destroyed any basis for "intellectual" "property" "rights" and destroyed any argument for damage done by violation thereof, and exposed the moral bankruptcy of anyone advocating "intellectual" "property" "rights." Not much left. Not bad for 84 pages. Not to mention if his book has any effect, he'll no doubt save lives.

Yet he has asserted a few times there is a warrant for copyrights, and I will read through to see what this warrant is. He is not anti-copyright, he is anti "intellectual" "property" "rights."
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Don McGowan
4.0 out of 5 stars Thorough analysis, convenient conclusions
Reviewed in the United States on December 31, 2010
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Full disclosure: I work, and have for years, for content creators. I therefore believe that content creators should have the right, among other things, to place conditions upon the uses made of their creations. I believe this because this is their bargain: I will make things if you will let me choose how they will be used. Because I believe this, I'm good at my job of protecting content creators, and I have a commercial interest in preserving the law as it stands. I'll try to review objectively, but you should know that before I start because it's going to be a bias.

Patry works on the other side: for a company that has made its money by taking and aggregating content made by other people. It is also a company that has found a way to protect its IP through a monopoly: the monopoly in this case just happens to be a patent and not a copyright. Patry would have you believe that, although this is his background, it doesn't affect his conclusions. If that were true, he shouldn't have his job, because he would be a hypocrite in his daily life. I don't think he's a hypocrite: I think he really believes what he's saying and reasonable minds can certainly believe this too. You just need to keep in mind as you read that he has a commercial interest in having the law end up the way he advocates in this book.

Patry's analysis of the law and how it has developed is excellent. He has obviously done his homework and knows the historical development of copyright. These sections will provide you with an outstanding overview of the literature and the history, and will save you literally thousands of pages of reading to get you to the same place. His analysis of US law is bang-on, and he does make a compelling case for the idea that corporate copyright ownership and the way that copyright law protects corporate owners (who are really assignees from the original creators of the art) might be overbroad. I disagree, but his points are very strong and they require to be addressed.

He then moves to recommendations for how US law should expand to permit more types secondary uses without requiring the permission of the original creator. This is where we need to be aware of the biases I describe above. I find his analysis doesn't distinguish enough between original creators and corporate assignees. It's disingenuous to speak of a creative intent for a corporate assignee, but very easy to speak of one for an artist, and Patry conflates "owner of original work" with corporate assignees and "secondary users" with artists being held back by copyright law. But there are plenty of artists who create original works, and Patry's analysis doesn't seem to hold when you consider their position: if you draw a cartoon for your friend as a gift, should your friend be allowed to make t-shirts from it? If so, why? If not, why not? There are principled answers to each, but they're not as easy questions to address as whether a company should be allowed to block a small artist from creating derivative works.

The way these rights of original creators are protected outside the USA is by moral rights. Patry doesn't really talk about the doctrine of moral rights (which in the USA is limited to works of fine art but outside the USA is an inalienable right of all creators). I think that's because it cuts contrary to his point: if an original creator is able to limit downstream uses of their work that they believe are inconsistent with their original creative vision, then Patry's vision of unrestricted reuse doesn't work.

Long review, short conclusion: Patry's work is a detailed and excellent snapshot of a particular legal system (USA) and a particular time in its development. But this is a legal brief with a conclusion in mind. He argues it well. But he is not unbiased.
10 people found this helpful
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angelcorpuschristi
5.0 out of 5 stars Beyond the Valley of the Copyright Nerds
Reviewed in the United States on August 13, 2009
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I've read other policy explorations by copyright experts -- Copyrights and Copy Wrongs, Copyright's Paradox, Copyright's Highway,The Future of Ideas, and Digital Copyright -- and Patry's book is distinguishable on a few levels. Most importantly, it's better written. Patry's use of language and metaphors (he discusses the distinction between metaphor and simile) is a few steps ahead of his colleagues and makes his thesis more palatable and an enjoyable read. As for Patry's brain, that also may be a few steps ahead of his colleagues. Not only is he able to accurately report on the shipwreck of copyright law (and to prescribe a reasonable approach for towing and repairing it) but he presents this approach in a simple, persuasive style. Finally, Patry's 'big picture' overview -- as painful as it may be for many of us copyright owners -- is the perspective of someone with practical, and not merely academic experience. I'm not sure if the appeal of this book extends beyond copyright nerds, but it should.
20 people found this helpful
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Top reviews from other countries

Ian B
4.0 out of 5 stars Copyright reform is a tricky business
Reviewed in the United Kingdom on April 29, 2013
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William Patry is one of the world's leading authorities on copyright, and previously acted for the US House of Representatives Judiciary Committee as copyright counsel and as an adviser for the US Register of Copyrights. This angry book gives you a sense of just how frustrating these roles became as copyright interests resisted all meaningful reform while the Internet revolutionised the information environment around them. It's an essential read for anyone interested in how copyright could be redesigned to better support innovation, creativity and the public interest.
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