Copyright Keeps Books Out of Print

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Copyright advocates have long (and successfully) argued that keeping books copyrighted assures that owners can make a profit off their intellectual property, and that that profit incentive will “assure [the books’] availability and adequate distribution.” The evidence, it appears, says otherwise.

Rebecca J. Rosen outlines that evidence in an article at the Atlantic, “The Hole in Our Collective Memory: How Copyright Made Mid-Century Books Vanish.”  It’s always worth asking ourselves just what use present copyright law is for anyone but the massive copyright hoarders like publishers and entertainment retailers. It certainly doesn’t benefit the public and now it’s even clear that it doesn’t even benefit the author whose “intellectual property’ it’s alleged to protect and promote.

Copyright law does, in any case, provide a good lesson in American civics. It demonstrates loudly and clearly whose interests our government has nearest and dearest to its heart.  It’s not the people, of course, but always the intellectual property barons. We can rely on our faithful public servants in government, when given a choice between liberalizing the law (which would have the effect of enriching the creative atmosphere for all) and making it more and more constipated, to always choose the path of most constipation. Call it the trickle out theory of American culture.

So What if Derrick Bell Visited the White House?

I’ve just had a testy little exchange of tweets with Jake Tapper, White House Correspondent for ABC news. Tapper tweeted  this question this afternoon: “Did Professor Derrick Bell Visit the White House? http://abcn.ws/vZLFsU” To which I replied: “So what if he did?”

The occasion of these tweets was the late Andrew Breitbart’s last gasp attempt to smear Obama as a black separatist radical with a tiny snippet of video from a protest at Harvard Law School in 1990 for more diversity on the faculty. Taken from a WGBH news story that was quoted in a  Frontline episode that ran in 2008, Breitbart’s clip shows Obama introducing and then embracing the late Derrick Bell, Harvard’s first tenured African American law professor and one of the intellects behind “critical race theory.” (More about that in a bit.) Continue reading