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 83
... Construction The Social Construction of 'Whats' Reconstructing the 'Copyright Moment' 6 Lockean Copyright Re-Imagined Challenging Copyright-Lockeans Indisputable Lockean Copyright Natural Rights, Labour and Copyright Locke and Social ...
... Construction The Social Construction of 'Whats' Reconstructing the 'Copyright Moment' 6 Lockean Copyright Re-Imagined Challenging Copyright-Lockeans Indisputable Lockean Copyright Natural Rights, Labour and Copyright Locke and Social ...
Página 92
... social nature . The framework within which the regulation of copyright is ... social realm takes priority . The avenues to resolving this struggle are affected by ... construction . It depends on the consumption of cultural and social ...
... social nature . The framework within which the regulation of copyright is ... social realm takes priority . The avenues to resolving this struggle are affected by ... construction . It depends on the consumption of cultural and social ...
Página 95
... social- institutional - planning ; traditional proprietarianism ; and authorial constructionism . This division is open to debate and is by no means conclusive . These approaches ' grow out of and draw support from lines of arguments ...
... social- institutional - planning ; traditional proprietarianism ; and authorial constructionism . This division is open to debate and is by no means conclusive . These approaches ' grow out of and draw support from lines of arguments ...
Página 100
... Social constructionism In this book I present a model for public authorship , emphasising the sociality of copyright . I fully recognise the fundamental necessity of allocating property rights for authors in order to maintain stable social ...
... Social constructionism In this book I present a model for public authorship , emphasising the sociality of copyright . I fully recognise the fundamental necessity of allocating property rights for authors in order to maintain stable social ...
Página 101
... social and political principles , highlighting societal needs that courts alone cannot predict , and clarifying ... construction theory to the findings of Chapter 4. Probably no copyright scholar wholly rejects the argument that copyright ...
... social and political principles , highlighting societal needs that courts alone cannot predict , and clarifying ... construction theory to the findings of Chapter 4. Probably no copyright scholar wholly rejects the argument that copyright ...
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