Cultural Environmentalism at 10: Long Spokes and Short Stakes: Cultural Environmentalism, Copyright Law, and Copyright Practice

On March 11-12, 2006, Stanford Law School's Center for Internet and Society hosted a symposium to explore the development and expansion of the metaphor of "cultural environmentalism" over the course of ten busy years for intellectual property law. We invited four scholars to present original papers on the topic, and a dozen intellectual property experts to comment and expand on their works. "Law makes long spokes of the short stakes of man," William Empson reminded us. This paper will explore the ways in which the law's impulse to generalize complicates the project of cultural environmentalism, which seeks to build a coalition of groups with very different interests and practices. Though cultural environmentalism attempts to provide an overarching metaphor for preserving a cultural commons for future creators and users of various types of information products, including copyrighted works, the move from the general principle to the specific activities to be protected will be difficult at best.