The Politics of Intellectual Property

Jessica Litman, University of Michigan

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Published in the Cardozo Arts & Entertainment Law Journal. Copyright 2009 Jessica Litman. Permission is hereby granted for noncommercial reproduction of this article in whole or in part for education or research purposes, including the making of multiple copies for classroom use, subject only to the condition that the name of the author, a complete citation, and this copyright notice and grant of permission be included in all copies.

Abstract

This talk, delivered at the 2006 AALS mid-year meeting, briefly addresses the politics of copyright legislation before segueing into the politics of intellectual property scholarship. I urge that the metaphor of a “copyright war,” used by both copyright owners and copyright reformers, is uncomfortably apt. It reflects a polarization of the copyright community that has affected copyright scholarship in unhealthy ways, encouraging scholars to choose sides in the copyright wars and to tailor their scholarship to fit.