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1 - Captured

How Copyright’s Authorship Doctrine Empowers the White Male Gaze

Published online by Cambridge University Press:  08 August 2025

John Tehranian
Affiliation:
Southwestern School of Law (Los Angeles)
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Summary

With its assessment of cases involving Oscar Wilde, Cindy Lee Garcia, Arne Svenson, and Hulk Hogan and analysis of authorial inquiries raised by slavery daguerreotypes, surveillance art, paparazzi photographs, revenge porn, and celebrity sex tapes, Chapter 1 identifies and critiques the problematic conflation of copyright’s authorship and fixation requirements that functions to deny performers property interests in creative works. Copyright’s authorship-as-fixation regime rests on a faulty premise, betrays copyright law’s role in recognizing and rewarding creativity, and denies authorial rights to a class of individuals – subjects – who provide significant original contributions to works within copyright’s traditional subject matter. Just as significantly, given the dramatic disparities in capital accumulation and control over the tools of creative production and continuing inequalities in the representation of women and persons of color behind the camera, the authorship-as-fixation doctrine has had far-reaching societal consequences by propertizing the white male gaze and giving legal bite to a system of production and ownership that imbues rightsholders with the power to control representations of female and non-white bodies.

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Chapter
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The Secret Life of Copyright
Intellectual Property and Inequality in the Age of AI
, pp. 24 - 59
Publisher: Cambridge University Press
Print publication year: 2025

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  • Captured
  • John Tehranian, Southwestern School of Law (Los Angeles)
  • Book: The Secret Life of Copyright
  • Online publication: 08 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009347044.002
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  • Captured
  • John Tehranian, Southwestern School of Law (Los Angeles)
  • Book: The Secret Life of Copyright
  • Online publication: 08 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009347044.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Captured
  • John Tehranian, Southwestern School of Law (Los Angeles)
  • Book: The Secret Life of Copyright
  • Online publication: 08 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009347044.002
Available formats
×