The secret life of copyright : intellectual property and inequality in the age of AI / John Tehranian, Southwestern School of Law.

Format:

Book

Author/Creator:

Tehranian, John, author.

Language:

English

Subjects (All):

Copyright.

Intellectual property.

Artificial intelligence--Law and legislation.

Artificial intelligence.

Equality before the law.

Physical Description:

1 online resource (ix, 250 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2025.

Summary:

In The Secret Life of Copyright, copyright law meets Black Lives Matter and #MeToo as the book examines how copyright law unexpectedly perpetuates inequalities along racial, gender, and socioeconomic lines while undermining progress in the arts. Drawing on numerous case studies, the book argues that, despite their purported neutrality, key doctrines governing copyrights-such as authorship, derivative rights, fair use, and immunity from First Amendment scrutiny-systematically disadvantage individuals from traditionally marginalized communities. The work advocates for a more robust copyright system that better addresses egalitarian concerns and serves the interests of creativity. Given that laws regulating the use of creative content increasingly mediate participation and privilege in the digital world, The Secret Life of Copyright provides a template for a more just and equitable copyright system.

Contents:

Cover

Half-title page

Title page

Copyright page

Contents

List of Figures

Acknowledgments

Introduction

Don't Bore Us, Get to the Chorus

Copyright and Social Justice

Intellectual Property as Cultural Battleground

Critical Studies, Critical Race Theory, and Critical Copyright Theory

Chapter and Verse

Captured: How Copyright's Authorship Doctrine Empowers the White Male Gaze

Tick Tick … Boom! How Copyright's Law of Collaboration and Crediting Privileges Might Over Right

Controlling the Narrative: How Copyright's Derivative Rights Doctrine Creates Sacred Texts

©ensored: How Copyright's First Amendment Exemption Enables the Powerful to Silence the Powerless

An Unhurried View of Copyright in the Age of AI

Copyright's Secret Life and Me

1 Captured: How Copyright's Authorship Doctrine Empowers the White Male Gaze

Copyright and Consent

Visual Pleasure and the White Male Gaze

Defining Authorship

The Problematic Arrival at Authorship-as-Fixation

Every Breaking Wave: Creative Efforts in Front of and Behind the Camera

Ain't No Monkey Business: Naruto the Macaque on Art, Artifice, and Authority

Infringing Oneself: The Risk in Making Use of One's Own Image

The Blurred Lines of Subject Rights: Richard Prince's New Portraits

Authorship-as-Fixation and the Surveillance Society: To the Gazer Belong the Spoils?

The Neighbors: Surveillance Art and Copyright in the Panopticon

Revenge Porn and the Male Gaze

Subjected: Gender, Performer Rights, and the Camera

Copyright and the White Gaze

Black Lives Matter, #MeToo, and Copyright's Authorship Doctrine

2 Tick Tick … Boom!: How Copyright's Law of Collaboration and Crediting Privileges Might Over Right

La Vie Bohème

Copyright's Quixotic Search for Authorial Singularity

Consider the Tomato

Serenity Now.

The "Master Mind" Concept and Joint Authorship's Mutual-Intent Requirement

Power and Privilege in the Deployment of the Mutual-Intent Requirement

Anonymous Was a Woman: Joint Authorship, Gender, and the Dispute over Rent

Mutual Intent and Marginalized Communities

Credit and Debt

Adventures in Crediting: Your Author Confesses

The Empirics of Attribution

Attribution, Resource Allocation, and the Creativity Economy

Copyright's Surprising Crediting Gap

The Rise and Fall of Attribution Rights

The State of Crediting Rights Post-Dastar

The Promise and Perils of Crediting by Contract

Crediting, Collaboration, and Distributive Justice

3 Controlling the Narrative: How Copyright's Derivative Rights Doctrine Creates Sacred Texts

World War II and The Resistance: The Secret History of Bambi, Mein Kampf, and Copyright's Derivative Rights Doctrine

The History of Derivative Rights

Flags, Draft Cards, and License Plates: Derivative Rights and Government Protest

From Bull to Bully: Derivative Rights and the Semiotics of Wall Street

Fair Use and Derivative Works

Goldsmith v. Warhol and the Tension between Derivative Works and Fair Use

Dangerous Undertakings: Aesthetic Judgments in the Fair-Use Calculus

The Prince and the Pauper

Undoing the Mythology of the Lost Cause

Uncovering a Different Approach to Derivative Rights

4 ©ensored: How Copyright's First Amendment Exemption Enables the Powerful to Silence the Powerless

Celebrity Secrets and Litigation Mischief

Copyright's Censorship Problem

Banning Books and Copyright's First Amendment Immunity

Copyright and Censorship: The Growing Threat

Copyright and the Tension between Intellectual Property Protection and the First Amendment

Fighting Allegations of Racism, Torture, Brutality, and Corruption with Copyright Law.

Addressing the Censorship Problem

Distinguishing between Censorious Uses of Copyright Law and Legitimate Enforcement Efforts: A Dancing Toddler and Harry Potter

Distinguishing Dignitary Concerns from Censorship: Separating Fiction from Fact

Reform Options

A Federal Anti-SLAPP Statute

DMCA Reform

A New York Times v. Sullivan for Censorious Uses of Copyright

Conclusion: An Unhurried View of Copyright in the Age of AI

The Coming AI Wars: Opportunities and Challenges

Reconsidering Authorship in the Age of AI

The Public Policy Dimensions of AI Copyright

Derivative Rights, Attribution, and AI

Statutory Formalities, Copyright's Creative Caste System, and AI

New Technologies and Creative Double-Standards

An Unhurried View of Social Justice and Copyright

Notes.

Notes:

Title from publisher's bibliographic system (viewed on 08 Aug 2025).

Description based on publisher supplied metadata and other sources.

ISBN:

1-009-34700-4

1-009-34703-9

1-009-34704-7

OCLC:

1541859663