Abstract

Copyright gives creators a monopoly on most uses of their work throughout their lives and for seventy years post mortem. Copyfraud, in Mazzone's striking but far from unjustified usage, is a claim of ownership made by institutions and individuals that do not possess it. To discover how prevalent such frauds are (and the degree to which they constrain and contort writers, musicians, filmmakers, and others) is truly amazing. Mazzone deals only with the US, but though the precise contours of copyright are slightly different in the UK and the EU, the same kinds of overreach arise more or less everywhere nowadays. Who are the perpetrators? Museums that claim copyright in images of works that they own or hold but that are in the public domain; picture libraries that charge license fees for out-of-copyright works; publishers who make false assertions of copyright in government publications, even in law school editions of the US Constitution; media corporations that claim to be able to license excerpts of works that they own despite the provisions of the (admittedly vague) “fair use” clause in long-established copyright laws; and the heirs and estates of writers who claim control of all uses made of the published and unpublished words of their fathers, aunts, and so forth. Publishers collude in this now rampant abuse of public access to cultural goods by insisting that authors of fiction and nonfiction works undertake to clear copyright to material borrowed from sources, a laborious process for which most writers are ill equipped. The result is that key evidence in scholarly work is often simply left out. In documentary film, the effects of copyfraud can be seen only in those films that are not made: the industry convention—“when in doubt, obtain a license”—makes many subjects financially and practically unviable.This book should have been a wake-up call, when it appeared a decade ago, for all involved in what is now called “cultural production” to reassert their rights, and the rights of the public, to free access to material that is not and never will be privately owned. Alas, Mazzone's detailed chapters on what ought to be done next have remained dead letters. It is time to reread them and to heave the ball back down the false mountain of improper claims of ownership made by corporations and individuals who know what they are doing and know they can get away with it. This laudably clear, direct, and readable book brings to mind an old English rhyme that remains as relevant today as it ever was: The law doth punish man or woman / That steals the goose from off the common / But lets the greater felon loose / Who steals the common from the goose.