The Idea of Authorship in CopyrightRoutledge, 2017 M03 2 - 288 páginas As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim. |
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Página 81
... ZEMER Interdisciplinary Centre , Radzyner School of Law , Herzliya , Israel Boston University , School of Law , USA Routledge Taylor & Francis Group LONDON AND NEW YORK First published 2007 by Ashgate Publishing Published 2016 by Routledge.
... ZEMER Interdisciplinary Centre , Radzyner School of Law , Herzliya , Israel Boston University , School of Law , USA Routledge Taylor & Francis Group LONDON AND NEW YORK First published 2007 by Ashgate Publishing Published 2016 by Routledge.
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... London, and the Radzyner School of Law, Interdisciplinary Centre in Herzliya. In every instance I profited from the discussions that followed. There are three special people who each deserve a very special mention here. Sharon Pardo ...
... London, and the Radzyner School of Law, Interdisciplinary Centre in Herzliya. In every instance I profited from the discussions that followed. There are three special people who each deserve a very special mention here. Sharon Pardo ...
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... London Press v University Tutorial Press [1916] 2 Ch 601 Van der Lely v Bamford [1963] RPC 61 (HL) Van Oppen & Co Ltd v Van Oppen (1903) 20 RPC 617 213, 215, 217 120 168 53-54, 120, 138 100 52 West Cumberland Iron and Steel Company v ...
... London Press v University Tutorial Press [1916] 2 Ch 601 Van der Lely v Bamford [1963] RPC 61 (HL) Van Oppen & Co Ltd v Van Oppen (1903) 20 RPC 617 213, 215, 217 120 168 53-54, 120, 138 100 52 West Cumberland Iron and Steel Company v ...
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... London : New York University Press , 2001 ) 116 . 8 An author enjoys copyright in his works for 70 years ' from the end of the calendar year in which the author dies . ' Copyright , Designs and Patents Act 1988 ( 1988 , c.48 ) s 12 ( 2 ) ...
... London : New York University Press , 2001 ) 116 . 8 An author enjoys copyright in his works for 70 years ' from the end of the calendar year in which the author dies . ' Copyright , Designs and Patents Act 1988 ( 1988 , c.48 ) s 12 ( 2 ) ...
Página 104
... ( London : Macmillan , 1921 ) ; and JB Clark , Essential of Economic Theory ( New York : Macmillan , 1927 ) . For example , Pigou writes : The patent laws aim , in effect , at bringing marginal trade net product and marginal social net ...
... ( London : Macmillan , 1921 ) ; and JB Clark , Essential of Economic Theory ( New York : Macmillan , 1927 ) . For example , Pigou writes : The patent laws aim , in effect , at bringing marginal trade net product and marginal social net ...
Contenido
84 | |
92 | |
What Copyright | |
Authorial Collectivity | |
Subjects of Copyright and Social Construction | |
Lockean Copyright ReImagined | |
The Public as a Joint Author | |
A Blueprint for Just Copyright | |
Index | |
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approach argues argument authorial collectivity authorial contribution bundle of rights Cambridge University Press CDPA Chapter claim collaboration collective intention collective intentionality Columbia Law Review common conception of property copyright creation copyright law copyright protection copyright system copyrighted entities Court create creative Darryl Neudorf Dead Sea Scrolls define dependent economic Entertainment Law Entertainment Law Journal Essay essentially contested concept European Intellectual Property example exclusive expression fact Gordon Hacking Ibid ideas individual innate Intellectual Property Law Intellectual Property Review John Locke joint author joint authorship Journal of Law knowledge labour Law Review Locke Locke's Lockean London Music nature original owner ownership Oxford University Press patent person Philosophy Political principle private property property rights Proviso public and authors public domain public interest recognise remarks requirement right to exclude Robin Ray role social and cultural social construction social constructionism Statute of Anne theory of property Waldron Yale Law Journal