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 88
... Creative Non - Violence v Reid 846 F 2d 1485 ( DC Cir 1988 ) ; aff'd , 490 US 730 ( 1989 ) ( US ) 207 Corbett v Hill ( 1870 ) LR 9 Eq 671 43 Donoghue v Allied Newspapers Ltd [1937] 3 All ER 503. Darryl Neudorf v Nettwerk Productions Ltd ...
... Creative Non - Violence v Reid 846 F 2d 1485 ( DC Cir 1988 ) ; aff'd , 490 US 730 ( 1989 ) ( US ) 207 Corbett v Hill ( 1870 ) LR 9 Eq 671 43 Donoghue v Allied Newspapers Ltd [1937] 3 All ER 503. Darryl Neudorf v Nettwerk Productions Ltd ...
Página 92
... creative ability into the language of copyright creation.1 The set of rights copyright confers on authors does not reflect the inevitable causal relationship between authors and public . Moreover , as Scafidi asserts , ' [ t ] his ...
... creative ability into the language of copyright creation.1 The set of rights copyright confers on authors does not reflect the inevitable causal relationship between authors and public . Moreover , as Scafidi asserts , ' [ t ] his ...
Página 93
... creative society. In fact, collaborative authorship is not an invention of modern times. Masten tells us that collaboration 'was a prevalent mode of textual production in the sixteenth and seventeenth centuries, only eventually ...
... creative society. In fact, collaborative authorship is not an invention of modern times. Masten tells us that collaboration 'was a prevalent mode of textual production in the sixteenth and seventeenth centuries, only eventually ...
Página 94
... creative labour . After all , both the public and its members laboured on each creation . While the individual author invests qualities from his original make - up , his subjective interpretation of the external reality , his talent ...
... creative labour . After all , both the public and its members laboured on each creation . While the individual author invests qualities from his original make - up , his subjective interpretation of the external reality , his talent ...
Página 96
... creativity , social exchange and interaction.39 Trademark protection encourages the development of branding and distinctive products . Without trademark protection , companies might avoid producing ... creative spirit , rather than the.
... creativity , social exchange and interaction.39 Trademark protection encourages the development of branding and distinctive products . Without trademark protection , companies might avoid producing ... creative spirit , rather than the.
Contenido
84 | |
92 | |
Conceptualising Copyright | |
What Copyright | |
Authorial Collectivity | |
Subjects of Copyright and Social Construction | |
Lockean Copyright ReImagined | |
The Public as a Joint Author | |
A Blueprint for Just Copyright | |
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Términos y frases comunes
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