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
... ownership pattern in copyright, reflecting the actual collaborations and the proprietary aspirations of the two parties that deserve property right in copyrighted works – public and authors. Chapter 8 concludes the present study. In ...
... ownership pattern in copyright, reflecting the actual collaborations and the proprietary aspirations of the two parties that deserve property right in copyrighted works – public and authors. Chapter 8 concludes the present study. In ...
Página 92
... ownership . It is a system that allows traditional conceptions of property and ownership to control its social commitments.2 Copyright denies the contribution of the public to the copyright creation process and imposes and maintains an ...
... ownership . It is a system that allows traditional conceptions of property and ownership to control its social commitments.2 Copyright denies the contribution of the public to the copyright creation process and imposes and maintains an ...
Página 93
... ownership essentially means that our culture and social reality can be owned with the perquisites of buying, selling, transferring and excluding. Not only do the expressions of our culture and social environment define our society as a ...
... ownership essentially means that our culture and social reality can be owned with the perquisites of buying, selling, transferring and excluding. Not only do the expressions of our culture and social environment define our society as a ...
Página 94
... ownership rights of the products of their 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 ...
... ownership rights of the products of their 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 ...
Página 95
... ownership and control stem not only from considerations of social justice , but also from the very nature of authors and copyrighted material as social constructs . 31 There are many approaches to intellectual property theory.1 Together ...
... ownership and control stem not only from considerations of social justice , but also from the very nature of authors and copyrighted material as social constructs . 31 There are many approaches to intellectual property theory.1 Together ...
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