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
... economic desideratum and should be encouraged by the incentives and rewards that the system provides. I agree on the assumption that cultural and social properties ought to be brought within the domain of some kind of property ...
... economic desideratum and should be encouraged by the incentives and rewards that the system provides. I agree on the assumption that cultural and social properties ought to be brought within the domain of some kind of property ...
Página 95
... economic interests of rightholders claiming exclusive rights , and the greater interest of the public . As Palmer explains : ' The utility gains from increased incentives for innovation must be weighted against the utility losses ...
... economic interests of rightholders claiming exclusive rights , and the greater interest of the public . As Palmer explains : ' The utility gains from increased incentives for innovation must be weighted against the utility losses ...
Página 96
... economic aspirations and power . Utilitarian arguments are consequentialist and hold the view that the good is whatever yields the greatest net utility . They differ from non - utilitarian arguments in that the latter emphasises ...
... economic aspirations and power . Utilitarian arguments are consequentialist and hold the view that the good is whatever yields the greatest net utility . They differ from non - utilitarian arguments in that the latter emphasises ...
Página 98
... economic interest , the author herself commodifying what was declared uncommodifiable.'79 81 Social and institutional planning Cultural diversity is a key feature in copyright discourse . The fourth theoretical division , social ...
... economic interest , the author herself commodifying what was declared uncommodifiable.'79 81 Social and institutional planning Cultural diversity is a key feature in copyright discourse . The fourth theoretical division , social ...
Página 100
... economic incentive scheme to promote the production of works of authorship , or as a public works program designed to fill the public domain ( or , most accurately , as a combination of the three ) , giving credit where it is due is ...
... economic incentive scheme to promote the production of works of authorship , or as a public works program designed to fill the public domain ( or , most accurately , as a combination of the three ) , giving credit where it is due is ...
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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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