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 93
... remarks, this danger is already with us: copyrights have come to be thought of 'not as rights that get defined or balanced against other state interests, but as rights that are, like natural property rights, permanent and absolute ...
... remarks, this danger is already with us: copyrights have come to be thought of 'not as rights that get defined or balanced against other state interests, but as rights that are, like natural property rights, permanent and absolute ...
Página 94
... remarks support the argument why both public and authors deserve a right in the products of their labour : 22 But he ... remark that ' old - fashioned ' copyright does no longer exist , 27 or just tell us that the future of copyright ...
... remarks support the argument why both public and authors deserve a right in the products of their labour : 22 But he ... remark that ' old - fashioned ' copyright does no longer exist , 27 or just tell us that the future of copyright ...
Página 96
... remarks , is that they emphasise the property component of the prerequisites of information production and not the role of the public domain . Indeed , Landes and Posner stated that the role of the public domain is a neglected ...
... remarks , is that they emphasise the property component of the prerequisites of information production and not the role of the public domain . Indeed , Landes and Posner stated that the role of the public domain is a neglected ...
Página 99
... remarks that ' the world goes ahead because each of us builds on the work of our predecessors ' , 94 Litman argues that there is no ultimate originality , " Coombe criticises the propertisation of shared symbols and cultural elements ...
... remarks that ' the world goes ahead because each of us builds on the work of our predecessors ' , 94 Litman argues that there is no ultimate originality , " Coombe criticises the propertisation of shared symbols and cultural elements ...
Página 100
... remark the conditions of individual life and collective existence is to be cherished and rewarded.'101 However , Boyle does not fully translate his rejection of the romantic notion of authorship into a paradigm of ownership that takes ...
... remark the conditions of individual life and collective existence is to be cherished and rewarded.'101 However , Boyle does not fully translate his rejection of the romantic notion of authorship into a paradigm of ownership that takes ...
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