Kembrew MacLeod takes a decidedly anti-corporate stance in Freedom of Expression, as he details the effects conglomeratization and more stringent laws have had on creative industries such as music, film and other art forms. MacLeod believes that these laws cause the creators of culture to self-censor in order to prevent legal action, and that as more laws are created (such as the DMCA) more self-censorship will occur. According to MacLeod, this increasingly hostile environment then pits "Intellectual Property" against "Freedom of Expression." MacLeod feels that both IP and free expression can co-exist, but not in the current legal climate.
In this article for Wired Magazine, Larry Lessig offers an overview of some of the troubles causes by over-protective copyright laws. As an example, Lessig tries to license the song "Happy Birthday" for recording and distribution, in honor of the first “birthday” of the Free Culture Movement. In order to obtain the rights to the song, Lessig must navigate through a web of nonresposive organizations and exorbitant fees. In the end, Lessig does not obtain the ability to record the song at all, revealing the weakness and confusion that are present in the current copyright system.
As a follow-up to their exploratory report of the effects of copyright restrictions on documentary filmmakers, Pat Aufderheide and Peter Jaszi have collaborated with a group of filmmakers, lawyers and other experts to create a statement of best practices for claims of fair use in documentary filmmaking. This statement will help guide filmmakers in their claims of fair use, and help inform them what material is within their bounds. This statement of best practices will help standardize the process of seeking and obtaining rights in the documentary film world, and assist in helping filmmakers make legally informed decisions. According to the statement, documentary filmmakers should be afforded the same rights as cultural and historical critics in print media.
Spurred on by the publication of the Aufderheide and Jaszi report, Matt Dunne explores the strugglers of documentary filmmakers trying to fund their projects in this article. Dunne expresses the growing frustration in the documentary community at having to face large fees and mountains of paperwork before releasing a film. Dunne also notes that the commercial success of some recent documentaries such as Fahrenheit 9/11, may make the position of documentaries in the legal realm even more precarious. As the difficulties rise for filmmakers, Dunne draws a parallel to recent music lawsuits and the increasing difficulty of fair use claims for academic books.


