It seems appropriate that the first image you see when you open this work is reminiscent of the Crypt Keeper. After all, the topic is something most people fear - law. In fact, the specific area, copyright law, even causes the knees of some lawyers to quake.
Bound by Law? is a comic book (or graphic novel if you prefer) issued by the Center for the Study of the Public Domain at Duke Law School. It seeks to explain to the layperson two of the thornier issues in modern US copyright law for writers, musicians, artists, and filmmakers.
The work (written by James Boyle and Jennifer Jenkins and illustrated by Keith Aoki) uses a documentary filmmaker to examine the impact of the doctrines of "public domain" and "fair use." The public domain is comprised of material on which copyright never existed or has expired and, hence, can be freely used by the public at large. Fair use is a statutory exception to the copyright laws that allows use of portions of copyrighted material for a variety of purposes as long as the use doesn't exceed the boundaries of a four-factor test the law establishes.
Why a comic book and a focus on documentary filmmaking? Because they are excellent vehicles for exploring the issues.
The work's filmmaker wants to make a documentary of a day in the life of New York City. She encounters what anyone would, albeit perhaps to a greater degree. Almost everywhere she goes there is copyrighted or trademarked material: music on the street or in a nightclub; a program or movie on the television in a particular room; or the logos that are ubiquitous at almost any sporting event. To figure out if she can use any or all of these materials without being sued for copyright infringement, she needs to sort out whether the material is protected or in the public domain. If it is protected, does her use constitute fair use?
Similarly, a comic book graphically demonstrates the seemingly endless circles and mazes in which an artist or writer can be led trying to sort out these questions. Bound by Law? also frequently relies on a montage or mix approach that displays how material which may or may not be in the public domain or may or may not be copyrighted plays a role in the expression of ideas. The latter is used to particular effect. As might be expected from strong advocates of the fair use doctrine, the book is replete with undoubtedly copyrighted and trademarked images, logos and symbols. Thus, the comic book not only illustrates but makes a point far better than a traditional written work.
The problem today is at least two-fold. First, Congress has repeatedly changed and extended the length of time before copyrighted work falls into the public domain. These actions have effectively resulted in most of 20th century culture being protected for almost 100 years. Likewise, much of the material published today likely will be protected into the 22nd century.
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