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
... nature of copyright and argues that authorial and artistic works require contribution from two sources: public and authors. I argue that every copyrighted work is limited ab initio due to its dependence on the public authorial ...
... nature of copyright and argues that authorial and artistic works require contribution from two sources: public and authors. I argue that every copyrighted work is limited ab initio due to its dependence on the public authorial ...
Página 92
... nature of authorial and artistic creations and invoke copyright to signify entitlement of a certain kind , to mark an individual territory and disregard its social nature . The framework within which the regulation of copyright is ...
... nature of authorial and artistic creations and invoke copyright to signify entitlement of a certain kind , to mark an individual territory and disregard its social nature . The framework within which the regulation of copyright is ...
Página 95
... nature of authors and copyrighted material as social constructs . 31 There are many approaches to intellectual ... natural right / labour theory ; unjust enrichment ; personhood theory ; libertarian theories ; distributive justice ...
... nature of authors and copyrighted material as social constructs . 31 There are many approaches to intellectual ... natural right / labour theory ; unjust enrichment ; personhood theory ; libertarian theories ; distributive justice ...
Página 96
... nature of public goods renders them vulnerable for replication and use by free riders , thereby creating the risk of not recovering the production costs.40 This will adversely affect production of socially valuable intellectual entities ...
... nature of public goods renders them vulnerable for replication and use by free riders , thereby creating the risk of not recovering the production costs.40 This will adversely affect production of socially valuable intellectual entities ...
Página 97
... nature men share a common right in all things.56 Thus , justifying the individual's right to property is notoriously difficult : once one takes a particular item from the common , one violates the right of other commoners , to whom this ...
... nature men share a common right in all things.56 Thus , justifying the individual's right to property is notoriously difficult : once one takes a particular item from the common , one violates the right of other commoners , to whom this ...
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