ABSTRACT

Copyright policies are critical to shaping the present and future of what Aram Sinnreich calls "configurable culture," Kembrew McLeod calls "remix culture," and Henry Jenkins calls "spreadable culture." Copyright policies also carve out certain uses that override the owners' monopoly right while it is still in play, as discussed in Reclaiming Fair Use. Copyright policies determine the terms of those limits, which usually include the length of time, the geographic extent, and the scope of monopoly in related forms. The copyright law worldwide is extensive, with extremely long and broadly applicable monopolies, with relatively weak user rights. The unbalanced nature of copyright in many countries, particularly the largest exporters of intellectual property, has created enormous frustration among creators in the burgeoning do-it-yourself remix culture. The nature of user rights, however, is anchored in the purpose of copyright policy in the national territory. Turning creative opportunity into culture depends on finding a balance between monopoly and user rights in copyright.