How Copyright’s Derivative Rights Doctrine Creates Sacred Texts
Published online by Cambridge University Press: 08 August 2025
Chapter 3 argues that copyright’s derivative rights doctrine, with its ever-expansive breadth, has played a powerful, but unappreciated, role in privileging prevailing ideologies over resistive ones, reducing the latter to acts of infringement. With its examination of the long-forgotten copyright disputes involving the translations of Bambi and Mein Kampf from German to English in the lead up to World War II and the infamous standoff between the Charging Bull and Fearless Girl statues on Wall Street, the chapter details the way in which copyright’s outlawing of acts of “semiotic disobedience” has rendered important cultural symbols inviolable and, in the process, ensured the preservation of prevailing narratives on issues related to geopolitics, race, gender, religion, slavery, national heritage, indigeneity, colonialism, capitalism, and corporate governance by suppressing challenges to them. As such, the chapter posits that the derivative rights doctrine has created sacred texts in two senses: works that are sacrosanct and epistemologies that are incontestable. A derivative-rights doctrine that is insufficiently checked (by doctrines such as fair use) not only betrays the core purpose of the copyright regime – progress in the arts – but also forcefully undermines the ability of society (and, particularly, marginalized groups) to resist dominant social and political narratives.
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