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. |
Dentro del libro
Resultados 1-5 de 54
Página 92
... diverse array of cultural and social properties rarely conjure a romantic view similar to that of the lone author . Many plausible arguments justify exclusive property rights over tangibles such Introduction Against Sole Authorship.
... diverse array of cultural and social properties rarely conjure a romantic view similar to that of the lone author . Many plausible arguments justify exclusive property rights over tangibles such Introduction Against Sole Authorship.
Página 93
... romantic notions of creativity and authorship which stress the subjective experience of the author in order to perpetuate patterns of social denial and further diminishing the rights of the general public.18 As Palmer most poignantly ...
... romantic notions of creativity and authorship which stress the subjective experience of the author in order to perpetuate patterns of social denial and further diminishing the rights of the general public.18 As Palmer most poignantly ...
Página 96
... romantic vision of authorship emphasizes creativity and originality and deemphasizes the importance of sources , genre , and conventions of language and plot . Thus when economists and legal scholars come to do their analysis , most of ...
... romantic vision of authorship emphasizes creativity and originality and deemphasizes the importance of sources , genre , and conventions of language and plot . Thus when economists and legal scholars come to do their analysis , most of ...
Página 99
... romantic notion of ' the author ' and define the property constituent of the copyright system from a social perspective . For scholars engaged in research on authorial constructionism , the author is deconstructed into a vessel through ...
... romantic notion of ' the author ' and define the property constituent of the copyright system from a social perspective . For scholars engaged in research on authorial constructionism , the author is deconstructed into a vessel through ...
Página 100
... romantic notions about authorship lead to inefficient or unjust legal outcomes , as sometimes occur when we fail to appreciate fully the sources from which authors draw or the contributions of audiences.'100 Indeed , Boyle asserts that ...
... romantic notions about authorship lead to inefficient or unjust legal outcomes , as sometimes occur when we fail to appreciate fully the sources from which authors draw or the contributions of audiences.'100 Indeed , Boyle asserts that ...
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 | |
Otras ediciones - Ver todas
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