| Freedom of Expression® | |
|---|---|
2005 edition of book cover |
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| Author(s) | Kembrew McLeod |
| Country | United States |
| Language | English language |
| Subject(s) | Freedom of speech |
| Genre(s) | Human rights |
| Publisher | Doubleday |
| Publication date | 2005 |
| Media type | Hardback |
| Pages | 384 |
| ISBN | 0385513259 |
| OCLC Number | 55870944 |
| Preceded by | Owning Culture: Authorship, Ownership, and Intellectual Property Law |
| Followed by | Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property |
Freedom of Expression® is a book about freedom of speech issues with respect to concepts of intellectual property, written by Kembrew McLeod. The paperback edition includes a foreword by Lawrence Lessig. The book was first published in 2005 by Doubleday as Freedom of Expression®: Overzealous Copyright Bozos and Other Enemies of Creativity, and in 2007 by University of Minnesota Press as Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property. The author recounts a history of the usage of counter-cultural artistry, illegal art, and the use of copyrighted works in art as a form of fair use and creative expression. The book encourages the reader to continue such usages, in art and other forms of creative expression.
The book received a positive reception, and Kembrew McLeod was recognized by the Intellectual Freedom Round Table of the American Library Association with the Eli M. Oboler Memorial Award,[1][2] which honors the "best published work in the area of intellectual freedom."[3] A review in The American Scholar noted, "Kembrew McLeod ... delivers a lively, personal account of the ways intellectual property messes with people--and how he messes with intellectual property."[4] American Book Review characterized the work as "a clever compendium of examples" for those familiar with its subject matter.[5] The Journal of Popular Culture characterized the book as "an informative, thought-provoking, and occasionally laugh-out-loud funny examination of specific ways the privatization of ideas suppresses creativity in contemporary culture. "[6] Publishers Weekly noted that McLeod's views echo prior comments about intellectual property by academics including Lawrence Lessig.[7]
Contents |
The book was first published by Kembrew McLeod as a collection of compiled writings,[8] in magazine format.[9] McLeod applied for registration of the phrase "Freedom of Expression" as a trademark in the United States in 1998,[10][11] and was successful in obtaining the mark.[12] He stated he would initiate a lawsuit against individuals who subsequently utilized this phrase without his permission, and commented, "If the ACLU wanted to put out a magazine with title Freedom of Expression, they would have to pay me royalties."[9] After the telecommunications company AT&T utilized the phrase during a marketing campaign, McLeod's attorney sent a cease and desist letter to request that AT&T stop using his trademarked phrase.[4] Writing in his book Owning Culture: Authorship, Ownership, and Intellectual Property Law, McLeod explained that his intention with the registration of "Freedom of Expression" was to initiate a form of social commentary in the media, "I would let the news story itself be the social commentary."[12] The trademark registration subsequently fell back into the public domain.[10]
Freedom of Expression was first published in book form in 2005 by Doubleday as Freedom of Expression®: Overzealous Copyright Bozos and Other Enemies of Creativity,[13][14] and in 2007 by University of Minnesota Press as Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property.[15][16] The 2005 edition of the book was made freely available via a Creative Commons license.[6]
The Media Education Foundation released a documentary film in the form of a DVD video in 2007 with Kembrew McLeod along with contributors including Jeremy Smith, Sut Jhally, and Jeremy Earp.[17][18] The documentary film featured narration from Naomi Klein, and included interviews with Lawrence Lessig, Siva Vaidhyanathan a University of Virginia academic in the field of media studies, Inga Chernyak a co-founder of Free Culture at New York University, and Mark Hosler of Negativland.[18]
McLeod discusses the concept of freedom of expression with regard to cultural norms and the manner in which society allows corporations to influence discourse.[4] The author places himself within the context of the book, including a discussion of his own pranks such as the 1998 registration of "freedom of expression", and subsequent cease and desist letter to AT&T.[4]
Freedom of Expression® delves into the history of counter-cultural artistry, including recounting episodes such as Dadaist art styles, and an incident where Vanna White initiated a lawsuit against a robot likeness for copyright infringement.[5] McLeod presents an exploration of fair use and encourages the reader to utilize copyrighted works in alternative forms of artwork.[5] He gives chronological background on the song "Happy Birthday to You", and information behind the use of sampling in the music industry, as well as a discussion of illegal art.[6] The author emphasizes that the threat of a lawsuit from a company is not necessarily indication of actual criminal activity, and these threats against artistry and creativity can be overcome through determination.[5]
Freedom of Expression® was recognized in 2006 by the American Library Association (ALA) with the Eli M. Oboler Memorial Award,[1][2] The award is given in order to recognize, the "best published work in the area of intellectual freedom."[3] In a press release statement upon presenting McLeod with the award, Committee Chair Fred Stielow commented, "McLeod captures the growing switch from a balanced compromise between the creator's rights and public access. In its place, the author wittily exposes a stifling shift of copyright law into an instrument of commercial interests."[1] The award was given to McLeod on behalf of the Intellectual Freedom Round Table (IFRT), a committee of the ALA.[1] Kembrew McLeod was the only recipient of the Eli M. Oboler Memorial Award in 2006.[19]
In a review of the book for The American Scholar, Siva Vaidhyanathan of New York University wrote "Kembrew McLeod ... delivers a lively, personal account of the ways intellectual property messes with people--and how he messes with intellectual property."[4] Vaidhyanathan commented on the author's writing style, "McLeod is ironic and witty, writing with a hip-hop-influenced youth-savvy diction that demonstrates his confidence and engagement with the material and the culture that means so much to him."[4] Davis Schneiderman wrote positively of the work, in a review for American Book Review.[5] Schneiderman compared the book to similar works on the subject matter, including No Logo: Taking Aim at the Brand Bullies (2000) by Naomi Klein, and writings of Michael Moore and Al Franken.[5]
A review by Eric Anderson of Bowling Green State University writing in the Journal of Popular Culture praised the author's use of interviews throughout the book, "Freedom of Expression® shines with McLeod's broad use of interviews. From legendary music engineer and producer Steve Albini to hip-hop pioneer Kool D. J. Herc, from film archivist Rick Prelinger to famed film director John Waters, McLeod records and reports the voices of creative people who have been encumbered by the contemporary intellectual property regime. The incorporation of these interviews, demonstrating as they do specific examples of creativity obstructed in specific ways, is this book's most important contribution."[6] Anderson characterized the book as "an informative, thought-provoking, and occasionally laugh-out-loud funny examination of specific ways the privatization of ideas suppresses creativity in contemporary culture. "[6] Anderson noted the uncommon tactic by McLeod and the book's publisher of making the book freely available via Creative Commons license.[6]
Publishers Weekly reviewed the book and compared McLeod's tactic of following his trademarked phrase with "®" as a satire of the registration of "fair and balanced" as a trademark by the Fox Network.[7] The review commented of the author's argumentation, "While McLeod's arguments aren't original, his entertaining examples and punchy writing nicely amplify the concerns voiced by an increasing number of intellectual property scholars, such as Lawrence Lessig."[7] The review noted regarding the author's writing style, "Although he evokes dark, almost Orwellian images throughout, McLeod manages an upbeat spin, citing the 'egalitarian' nature of the new technologies and a growing awareness of the need to return to a place where 'freedom of expression' is once again 'a meaningful concept that guides our political, social and creative lives.'"[7]