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 92
... individual author and the public . Contemporary conceptions of copyright reject the collective nature of authorial and artistic creations and invoke copyright to signify entitlement of a certain kind , to mark an individual territory ...
... individual author and the public . Contemporary conceptions of copyright reject the collective nature of authorial and artistic creations and invoke copyright to signify entitlement of a certain kind , to mark an individual territory ...
Página 93
... individual personalities and aspirations. Subjecting these elements to exclusive private property has a direct detrimental impact on the development of our society and its individual members.7 8 10 Third, the law has recognised that ...
... individual personalities and aspirations. Subjecting these elements to exclusive private property has a direct detrimental impact on the development of our society and its individual members.7 8 10 Third, the law has recognised that ...
Página 94
... individual author invests qualities from his original make - up , his subjective interpretation of the external reality , his talent , and financial resources , the public invests the social and cultural capital , necessary to transform ...
... individual author invests qualities from his original make - up , his subjective interpretation of the external reality , his talent , and financial resources , the public invests the social and cultural capital , necessary to transform ...
Página 95
... individual authorial autonomy , I present a social constructionist argument for limiting this autonomy by allocating authorial rights to the public , reflecting its pivotal role in the formation of works protected under copyright laws ...
... individual authorial autonomy , I present a social constructionist argument for limiting this autonomy by allocating authorial rights to the public , reflecting its pivotal role in the formation of works protected under copyright laws ...
Página 96
... individual creator as an independent object entitled to a right . That is , ' [ i ] ntellectual property rights are rewards , or more accurately opportunities to gain a reward in the market - place.44 Such a view raises questions about ...
... individual creator as an independent object entitled to a right . That is , ' [ i ] ntellectual property rights are rewards , or more accurately opportunities to gain a reward in the market - place.44 Such a view raises questions about ...
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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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