[A2k] Users' rights

[A.C.Story]

For several years and again in the last few days, this list has been debati=
ng whether the words ----dare I say them? ---- =93intellectual property=94 =
should ever be used and the political consequences of doing so. Could I sug=
gest that we should just agree to disagree and move on=85.

Meanwhile, there seems to be no thought given at all to the consequences of=
 endlessly repeating the words: " copyright limitations and exceptions." Th=
is phrase is freighted with a political/legal meaning, namely that copyrigh=
t restrictions and the monopoly position of copyright owner are the normal =
and natural state of the world. And further, that everything else, such as =
the right to use a copyrighted work, is a mere table-scrap or an oddity, th=
at is, an exception to the way the world of copyright should work. Is it an=
y surprise then that =93limitations and exceptions=94 is the phrase of choi=
ce exclusively used by WIPO officials and most copyright owners?

Why don=92t we instead use the words =93users=92 rights=94? This phrase com=
municates the fact that the rights which users have are rights created or g=
ranted by the state ---- just as copyright is a state-created right, by the=
 way
---- and that they are not a favour granted by copyright lords for use by u=
s copyright =93peasants.=94

Mind you, I see it as rather beside the point to tirelessly challenge every=
 person on this list who uses the phrase =93limitations and exceptions=94. =
It might be productive, however, if WIPO spokespersons and other copyright =
fundamentalists were occasionally challenged on their wording of choice and=
 phrase =93users=92 rights=94 was employed instead. I saw this done once, a=
nd boy, did the veils drop away quickly and the real political stakes come =
to the surface.

It is very difficult to take apart the lord=92s copyright manor if we keep =
using the lord=92s words.

Best
Alan Story

Alan Story
Senior Lecturer, Intellectual Property Law
Kent Law School
University of Kent
Canterbury Kent
United Kingdom      CT2 7NS
acs3@kent.ac.uk