Download this Paper Open PDF in Browser

Narratives of Copyright Enforcement: The Upward Ratchet and the Sleeping Giant

Revue Française D'études Américaines 2013, pp 64-80

17 Pages Posted: 12 Mar 2013 Last revised: 20 Oct 2013

Jeanette Hofmann

Social Science Research Centre Berlin; Alexander von Humboldt Institute for Internet and Society

Abstract

This essay briefly retraces two dimensions of copyright enforcement. The first concerns recent legislative efforts, ACTA, PIPA and SOPA. The second dimension addresses the academic interpretation of the dynamics of copyright enforcement. In order to understand both the objectives of ACTA, PIPA and SOPA and the thrust of their analysis, it is helpful to start with TRIPS, the original legislative framework on international copyright enforcement. For each treaty or legislative act, I will outline the intended provisions and the policy process followed by the salient lines of academic interpretation. With regard to the latter, I hope to demonstrate that the defeat of ACTA, PIPA and SOPA suggests reconsidering basic assumptions inherent in academic narratives of copyright enforcement. A more symmetric approach to the analysis of copyright regulation able to explaining both failures and successes of legislation is required. The article concludes with a few suggestions concerning such an approach.

Keywords: Copyright enforcement, ACTA, PIPA, SOPA, discourse analysis

Suggested Citation

Hofmann, Jeanette, Narratives of Copyright Enforcement: The Upward Ratchet and the Sleeping Giant. Revue Française D'études Américaines 2013, pp 64-80. Available at SSRN: https://ssrn.com/abstract=2231539

Jeanette Hofmann (Contact Author)

Social Science Research Centre Berlin ( email )

Berlin, 10785
Germany

Alexander von Humboldt Institute for Internet and Society ( email )

Bebelplatz 1 | 10099
Berlin
Germany

Paper statistics

Downloads
107
Rank
214,168
Abstract Views
1,004