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 6-10 de 64
Página 95
... role in the formation of works protected under copyright laws . I will elaborate my reasoning at length in a short while . Before doing so , however , I wish to summarise the foundations of the six theoretical approaches in order to ...
... role in the formation of works protected under copyright laws . I will elaborate my reasoning at length in a short while . Before doing so , however , I wish to summarise the foundations of the six theoretical approaches in order to ...
Página 96
... role of the public domain . Indeed , Landes and Posner stated that the role of the public domain is a neglected consideration.49 Boyle then remarks that : , 48 One explanation of this emphasis , even in the best and most sophisticated ...
... role of the public domain . Indeed , Landes and Posner stated that the role of the public domain is a neglected consideration.49 Boyle then remarks that : , 48 One explanation of this emphasis , even in the best and most sophisticated ...
Página 100
... role in the formation of copyrighted entities . This role renders every copyrighted entity a social construct and require us to take account of the public's role when we structure the entitlement edifice in copyright . I attempt to show ...
... role in the formation of copyrighted entities . This role renders every copyrighted entity a social construct and require us to take account of the public's role when we structure the entitlement edifice in copyright . I attempt to show ...
Página 101
... role theories play in providing fresh insights ' for the evolution of new privately and socially constructed institutions to develop effective governance structures.'108 Like any other theory , discrepancies between the various ...
... role theories play in providing fresh insights ' for the evolution of new privately and socially constructed institutions to develop effective governance structures.'108 Like any other theory , discrepancies between the various ...
Página 102
... role of collaboration between authors and the public and challenges misconceptions concerning prevalent definitions of the public domain . It explains ' the copyright moment ' and argues that copyrighted entities are born in the instant ...
... role of collaboration between authors and the public and challenges misconceptions concerning prevalent definitions of the public domain . It explains ' the copyright moment ' and argues that copyrighted entities are born in the instant ...
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