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 84
... creating intellectual properties. In this book I argue that copyrighted entities represent the authorial collectivity. I advocate the authorial role of the public in the process of copyright creation. This role has been largely ignored ...
... creating intellectual properties. In this book I argue that copyrighted entities represent the authorial collectivity. I advocate the authorial role of the public in the process of copyright creation. This role has been largely ignored ...
Página 93
... creates the danger of conferring on authors a quasi-perpetual right. In fact, as Lessig remarks, this danger is ... created. Collaboration that reaches artistic fruition is always dependent on collectively produced and owned social and ...
... creates the danger of conferring on authors a quasi-perpetual right. In fact, as Lessig remarks, this danger is ... created. Collaboration that reaches artistic fruition is always dependent on collectively produced and owned social and ...
Página 94
... both natural and human - created , it is something that a culture can change when the day comes that we finally see how increasingly destructive our existing ownership norms have become.30 Before I embark on my analysis of copyright I ...
... both natural and human - created , it is something that a culture can change when the day comes that we finally see how increasingly destructive our existing ownership norms have become.30 Before I embark on my analysis of copyright I ...
Página 96
... creating economic incentives to develop and produce additional know - how . - In their seminal essay on the economics of ... create the work in the first place . " 42 They recognise the need to strike a balance between public and private ...
... creating economic incentives to develop and produce additional know - how . - In their seminal essay on the economics of ... create the work in the first place . " 42 They recognise the need to strike a balance between public and private ...
Página 97
... created an interpretive tradition on which modern copyright - Lockeans keep devising theories about copyright . However , in a recent essay , Damstedt claims that ' [ r ] evising Locke for a theory of intellectual property has become ...
... created an interpretive tradition on which modern copyright - Lockeans keep devising theories about copyright . However , in a recent essay , Damstedt claims that ' [ r ] evising Locke for a theory of intellectual property has become ...
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