Copyright's Media Theory and the Internet

Intellectual Property Law for the 21st Century: Interdisciplinary Approaches (B. Courtney Daogoo, Mistrale Goudreau, Madelaine, Saginur, and Theresa Scassa, eds., 2014)

Posted: 8 Mar 2014  

Jon Penney

University of Oxford - Oxford Internet Institute; Citizen Lab, University of Toronto; Harvard University - Berkman Klein Center for Internet & Society; Dalhousie University - Schulich School of Law

Date Written: 2013

Abstract

Despite copyright’s expansion into new online spheres and technological contexts, and the increasingly interdisciplinary nature of copyright scholarship, intellectual property scholars, particularly those interested in digital copyright, have offered little exploration of methodology and methodological issues, and scholarship offers even fewer methodological investigations and debates. This area of Internet related legal research remains, like others, without established “texts, theories, and methodologies.” This chapter aims to address some of that void, by offering an exploration of the problems that can arise when applying certain legal doctrines to online contexts, through a case study of the “chilling effects doctrine” — a legal doctrine that holds that certain laws and regulatory schemes can “chill” or deter people from engaging in certain kinds of legal (and possibly desirable) activities — as its emergence or “transplantation” into debates about copyright enforcement online. The case study provides a helpful point of entry into a broader methodological discussion about applying legal norms to media. Specifically, the author draws on insights from other disciplines and research fields to unpack and scrutinize the chilling effects doctrine and it methodological, empirical, and normative assumptions.

Keywords: copyright, chilling effects, copyright theory, media theory, computer mediated communications

JEL Classification: Q34

Suggested Citation

Penney, Jon, Copyright's Media Theory and the Internet (2013). Intellectual Property Law for the 21st Century: Interdisciplinary Approaches (B. Courtney Daogoo, Mistrale Goudreau, Madelaine, Saginur, and Theresa Scassa, eds., 2014). Available at SSRN: https://ssrn.com/abstract=2405732

Jonathon Penney (Contact Author)

University of Oxford - Oxford Internet Institute ( email )

1 St. Giles
University of Oxford
Oxford OX1 3PG Oxfordshire, Oxfordshire OX1 3JS
United Kingdom

Citizen Lab, University of Toronto ( email )

Munk School of Global Affairs
University of Toronto
Toronto, Ontario M5S 3K7
Canada

Harvard University - Berkman Klein Center for Internet & Society ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA Nova Scotia 02138
Canada

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
PO Box 15000
Halifax, Nova Scotia B3H 4R2
Canada

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