In the Public Eye
Personally, I think that the issue with Maggie is one that is more
common than the media or society even is aware of. Anytime you put your name,
information, face, self or words onto the computer, in the public, or
communicate in any way, you become public, which means just that, public;
anyone can use your words, your face, your body, etc. Just as with music and
books you can get copyrighted or trademarked or patented or some other sort of
legal ownership over what you claim is yours, but does that really stop anyone
or anything from obtaining what they want?
I think that a law such as the Orphan Works Act (232) would
be a more successful option than a “common” culture. A lot of the images and
texts on the Internet and in the media do come from an unknown source, and
since these have no copyright, it almost eliminates the legal aspect of the
situation. Ethically, using someone’s picture without consent will always be
wrong, and no law can change that. Personally, if you don’t want to risk having
your face be used in a context other than its intention, there should be ways
to protect you, but they won’t happen unless they are copyrighted, which are
hard to do legally (they are all tied together).
Strangely enough, I think that the Maggie Case had extreme
rhetorical velocity in the hands of Maggie that she was unaware of while whoever
took her photo had it as well, aware of their rhetorical velocity. Rhetorical
velocity is a “a strategic concept of delivery in which a rhetor theorizes the possibilities
for the recomposition of a text based on how s/he anticipates how the text
might later be used. The rhetorician theorizes how certain newspapers, blogs,
or TV stations may recompose and re-distribute the release both as and in other
media…also considers how the release may be recomposed in ways advantageous or
disadvantageous to the rhetor’s goals and objectives” (229). Maggie’s known
rhetorical velocity was through her protest and the signs she held, shirts she
wore, etc. to prove her point. She never intended or thought of the photos
being used for purposes beyond it. The school and that one photographer who took
the infamous photo had rhetorical velocity to use this photo for any possible
purpose they could have, for the school specifically to “promote its Department
of Student Life and the university itself” (228).
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