Mind The Gap: Copyrights, Copynorms, and the Panopticon
John Theranian’s article Infringement Nation: Copyright Reform and the Law/Norm Gap is required reading. As a potentially infringing teaser…
In the late afternoon, John takes his daily swim at the university pool. Before he jumps into the water, he discards his T-shirt, revealing a Captain Caveman tattoo on his right shoulder. Not only did he violate Hanna-Barbera’s copyright when he got the tattoo—after all, it is an unauthorized reproduction of a copyrighted work—he has now engaged in a unauthorized public display of the animated character.38 More ominously, the Copyright Act allows for the “impounding†and “destruction or other reasonable disposition†of any infringing work. Sporting the tattoo, John has become the infringing work. At best, therefore, he will have to undergo court-mandated laser tattoo removal. At worst, he faces imminent “destruction.â€
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