The Washington Declaration on Intellectual Property

and the Public Interest

The Marquette University Law School Faculty Blog reveals that two law professors, Irene Calboli and Gordon Hylton, are leading proponents of policy contained in the Washington Declaration on Intellectual property and the Public Interest. The article Can Intellectual Property Be a Source of Repression? and the underlying declaration reveal a disturbing trend in intellectual property law - the erosion of the rights of non-copyright owners.

In the new digital age, third party rights to develop existing works are undergoing a chilling effect likely to hinder furtherance of new work. Draconian methods for enforcement and penalties to defend owner's rights far exceed any sane, proportionate response. The public domain, a necessary source of material for future writing and art, is deteriorating in the sense that work is becoming "corporate bound" with diminished opportunity for derivative work.

Consider these photos. To the right is a news photograph of George Clooney and Senator Obama taken by Manny Garcia, an AP Photographer. To the left is a photo illustration of Mr. Obama made by Clearwater Sun Illustrator Tiki Parrot.

Below are side by side images of a portion of Mr. Garcia's photograph and the iconic Obama Hope poster. Self proclaimed "blue collar artist" Shepard Farley used this portion of Mr. Garcia's photograph to make his iconic Hope poster. A law suit between Mr. Farley and Mr. Garcia and the AP was settled.

An artist or writer should be free to create new work without fear of unreasonable search, harsh prison sentence or threat of litigation. Currently the law does not give that certainty or safety. The country needs the policy embodied in the Washington Declaration on Intellectual property and the Public Interest. Washington policy makers are urged to take notice - and take action. -Ed.