Thursday, January 28, 2010

What Would They Sue For, Bananas?

http://techdirt.com/articles/20100126/0702377897.shtml

The above article discusses a movie filmed by chimps that is being broadcast by the BBC, and raises the question of copyright. According to Chapter 5 of our textbook, copyright refers to "the rights to distribute, produce, copy, display, perform, create, and control derivative works based on the original." So what exactly does this mean in the case of these monkeys? Can they object to unauthorized use of their "work"? Or perhaps they should maintain the licensing rights to "Chimpanzees 2: Electric Boogaloo?"

Or perhaps we should take this situation as a sign that copyright law is outdated and ineffective, and lawsuits resulting from it often preposterous. Yes, artists could sue over the reproduction of their creative works, but if the reproduction has made their work more popular than it ever would have been without the reproduction, they might not want to grumble and complain too loudly. Exceptions to copyright law, such as the Fair Use Doctrine, can be vague and hard to comprehend (otherwise you wouldn't have semester-length classes focused solely on copyright issues). I don't have a black and white solution to the problem, but as it stands now, I don't believe copyright law is benefiting anyone.

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