REVIEW

Book Review: Bound by Law?

Written by Tim Gebhart
Published March 29, 2006
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The problem with fair use stems not only from a lack of clear rules but also the fact some copyright holders have taken a very tough — some might say extortionate — stance. Bound by Law? points out a variety of situations in which works had to be cut or modified because of the money the copyright holder demanded in exchange for using a few seconds or snippet of their material.

Bound by Law? brings these complex issues across in a simple, enjoyable style. Not only does it show the firsthand impact of the issues, it also educates about a variety of relevant court decisions. It is also a commentary on trying to make intellectual property law a benefit rather than a hindrance to modern creative work. Some of its references in this regard are subtle, others more straightforward.

The former is seen from the outset. In the very first panel, the book quietly acknowledges the contributions of Lawrence Lessig, a Stanford University law professor in the forefront of arguing that intellectual property laws are hindering creative freedom and technology. Lessig isn't mentioned in the panel. Rather, the titles of several of his books appear on a bookshelf, together with the titles of other works exploring how copyright fits with new media and new technology. Lessig makes a later cameo appearance as the Statute of Liberty, holding a video camera as his torch and a copy of his most recent work in lieu of a tablet in the left hand.

More explicit is a closing discussion of "cultural environmentalism" as an approach for a future copyright system. Initially proposed by Boyle a decade ago, the theory is that just as the environmental movement demonstrated the impact social and policy decisions had on the environment, cultural environmentalists should show the public how intellectual property laws affect culture. The idea has taken root among a wide number of individuals (including Lessig) who continue to examine how to strike a balance between protecting intellectual property and encouraging creativity in an increasingly remixed culture.

Bound by Law? won't qualify anyone for membership in any professional organizations dedicated to intellectual property law. In fact, carrying it might alone be sufficient to keep a person out of some of those groups. But the aim isn't to make readers intellectual property experts. Rather, the goal is to educate artists and the public about current issues and provide commentary by those who believe copyright law must be fixed to remain a useful tool in a digital world. And, speaking from experience, a comic book is a helluva a better way to learn this than a case book or law review article.

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Tim Gebhart lives in Sioux Falls, SD, where he practices law in order to provide shelter for his family, his dogs, and his books. His blog de guerre is A Progressive on the Prairie.
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Book Review: Bound by Law?
Published: March 29, 2006
Type: Review
Section: Books
Filed Under: Politics: Law and Rights, Culture: Arts, Books: Politics and Affairs, Books: Nonfiction, Books: Comics and Graphic Novels
Writer: Tim Gebhart
Tim Gebhart's BC Writer page
Tim Gebhart's personal site
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