Open AccessPosted Content
Pornography, Coercion, and Copyright Law 2.0
TLDR
The lack of regulation of pornography in the United States leaves pornography performers exposed to substantial risks as discussed by the authors, and it is important to consider what approaches there may be to reduce that risk, including the possibility of altering copyright framework with respect to pornography.Abstract:
The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their corporate counterparts, these user-generators may increasingly rely on copyright law to protect their creations in the future.While legal scholars have addressed the copyright law's role in incentivizing the creation and consumption of creative content in general, its effect on the creation and consumption of pornography has largely been ignored. Since pornography performers are at risk of abuse by the creators of pornography, particularly those that are filmed or photographed unknowingly or those who have sexual images of themselves distributed against their wishes, it is important consider what approaches there may be to reduce that risk, including the possibility of altering the copyright framework with respect to pornography.Copyright laws do not provide ownership interests or control mechanisms to the subjects of pornographic material, and instead permits the creators to benefit at the expense of the subjects when their participation has not been consensual. Providing this type of control - namely by requiring the creator to show that the subjects' participation was voluntary as a condition of providing copyright protection - would help reduce the risks faced by pornography performers. Promulgating a moral approach to structuring copyright protections is already one goal that is animating calls for reform of the current system. Copyright law should link the ability to register and enforce copyrights on pornographic works to the creators' compliance with a regulatory scheme designed to promote the safety and well-being of pornographic performers by confirming their consent.read more
Citations
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Intellectual Property and Gender: Reflections on Accomplishments and Methodology
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References
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Journal ArticleDOI
“500 Tokens to Go Private”: Camgirls, Cybersex and Feminist Entrepreneurship
TL;DR: The emergence of the camgirl genre has been seen by feminist groups as antithetical to the women's liberation movement, with the commercialisation of misogyny taking place under a patriarchal business model.
Journal ArticleDOI
The structural oppression of women by markets: the continuum of sexual violence and the online pornography market
TL;DR: In this article, emerging scholarship attendant to the marginalisation of people by market structures of power and dominance is assembled and conceptualized as market violence and locate one group of pe....
Dissertation
A study of sexual violence in the digital age: Working with technology-facilitated sexual violence against women within sexual violence support services
TL;DR: In this article, the authors explored how participants construct meaning in relation to technology-facilitated sexual violence against women, how they respond to it and how it subsequently impacts victims, and they considered the changing landscape of sexual violence using technology.
Journal ArticleDOI
A legal perspective on the non-consensual dissemination of sexual images: Identifying strengths and weaknesses of legislation in the US, UK and Belgium
Jolien Beyens,Eva Lievens +1 more
TL;DR: In this article, the authors examine three US state level dedicated laws, the amended UK Criminal Justice and Courts Act, and a dedicated provision in the Belgian Criminal Code, and identify key elements that could serve as guidance for legislators to amend or adopt criminal legislation.
Posted Content
Intellectual Property and Gender: Reflections on Accomplishments and Methodology
TL;DR: In this article, the organizers of the annual Intellectual Property/Gender Symposium at American University Washington College of Law consider how the next ten years of scholarship in the area of intellectual property (IP) might open up new insights regarding the production of knowledge, commodification, definition and valuation of women's work, and other areas of feminist and queer inquiry.