The Idea of Authorship in Copyright

The Idea of Authorship in Copyright PDF Author: Lior Zemer
Publisher: Routledge
ISBN: 1351888013
Category : Philosophy
Languages : en
Pages : 179

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Book Description
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.

The Idea of Authorship in Copyright

The Idea of Authorship in Copyright PDF Author: Lior Zemer
Publisher: Routledge
ISBN: 1351888013
Category : Philosophy
Languages : en
Pages : 179

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Book Description
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.

Copyright and Collective Authorship

Copyright and Collective Authorship PDF Author: Daniela Simone
Publisher: Cambridge University Press
ISBN: 1107199956
Category : Law
Languages : en
Pages : 327

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Book Description
Addresses the difficult question of how to determine the authorship, and ownership, of copyright in highly collaborative works.

Nimmer on Copyright

Nimmer on Copyright PDF Author: Melville B. Nimmer
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages :

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Book Description


The Author's Due

The Author's Due PDF Author: Joseph Loewenstein
Publisher: University of Chicago Press
ISBN: 0226490416
Category : Language Arts & Disciplines
Languages : en
Pages : 361

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Book Description
The Author's Due offers an institutional and cultural history of books, the book trade, and the bibliographic ego. Joseph Loewenstein traces the emergence of possessive authorship from the establishment of a printing industry in England to the passage of the 1710 Statute of Anne, which provided the legal underpinnings for modern copyright. Along the way he demonstrates that the culture of books, including the idea of the author, is intimately tied to the practical trade of publishing those books. As Loewenstein shows, copyright is a form of monopoly that developed alongside a range of related protections such as commercial trusts, manufacturing patents, and censorship, and cannot be understood apart from them. The regulation of the press pitted competing interests and rival monopolistic structures against one another—guildmembers and nonprofessionals, printers and booksellers, authors and publishers. These struggles, in turn, crucially shaped the literary and intellectual practices of early modern authors, as well as early capitalist economic organization. With its probing look at the origins of modern copyright, The Author's Due will prove to be a watershed for historians, literary critics, and legal scholars alike.

The Confidence-Man

The Confidence-Man PDF Author: Herman Melville
Publisher: The Floating Press
ISBN: 1775419924
Category : Fiction
Languages : en
Pages : 458

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Book Description
The name Herman Melville is synonymous with the pinnacle of American literary achievement, and many regard his novel Moby-Dick as the quintessential work of American fiction. In The Confidence-Man, Melville's final major novel, the author explores the motivations, travails, and personalities of a group of boat passengers en route to New Orleans, as well as the mysterious trickster figure who riles things up at the margins of the group.

Protect Your Writings

Protect Your Writings PDF Author: Maria Crimi Speth
Publisher: iUniverse
ISBN: 1450243665
Category : Law
Languages : en
Pages : 122

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Book Description
Whether you are a seasoned author or a new author writing your first book, Protect Your Writings will help you avoid common, costly legal mistakes. In this practical guide, author and licensed attorney Maria Crimi Speth provides a comprehensive yet easy-to-understand description of the applicable laws that affect authors and their works. Illustrated with examples from real cases and real situations, Protect Your Writings covers the four main areas of intellectual property law and the interplay between these areas as they relate to authors. The guide focuses strongly on copyright lawthe main area of law protecting the written wordand also includes sections that discuss the copyright registration process in detail, how to avoid infringement claims against you, international rights, online writing, and the contracts that authors are most likely to encounter. A valuable resource for writers in any stage of their career, Protect Your Writings succinctly and completely covers the legal information that authors need to safeguard their creative works. It answers the questions writers may have as well as the questions they might not know to ask.

Authorship and Copyright

Authorship and Copyright PDF Author: David Saunders
Publisher: Taylor & Francis
ISBN: 1000884864
Category : Law
Languages : en
Pages : 272

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Book Description
First published in 1992, Authorship and Copyright traces the history of constructions of authorship as a legal reality. It offers an alternative to the two mainstream interpretations that have traditionally been assigned to authorship: the Romantic dialectical ‘birth of the author’ or the language-based post-structuralist ‘death of the author.’ Saunders examines the shortcomings of both schemes by arguing that they impose an arbitrary philosophical direction on the history of authorship and the law of copyright. Saunders addresses the issues relating to copyright and the construction of authorship as a legal status. Combining information and polemic, the author explores such matters as the historical and theoretical relations of copyright and the droit moral, the aestheticization of the law and the juridification of aesthetics, and the argument that authorship as a legal reality is a historically contingent and variable arrangement that cannot be separated from its cultural and juridical context. This book will be of interest to students of law, literature and philosophy.

Description of the Works

Description of the Works PDF Author: Consett Iron Company
Publisher:
ISBN:
Category : Iron industry and trade
Languages : en
Pages : 122

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Book Description


Digital Copyright

Digital Copyright PDF Author: Jessica Litman
Publisher: Prometheus Books
ISBN: 161592051X
Category : Law
Languages : en
Pages : 216

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Book Description
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.

Performing Copyright

Performing Copyright PDF Author: Luke McDonagh
Publisher: Bloomsbury Publishing
ISBN: 1509927042
Category : Law
Languages : en
Pages : 256

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Book Description
Based on empirical research, this innovative book explores issues of performativity and authorship in the theatre world under copyright law and addresses several inter-connected questions: who is the author and first owner of a dramatic work? Who gets the credit and the licensing rights? What rights do the performers of the work have? Given the nature of theatre as a medium reliant on the re-use of prior existing works, tropes, themes and plots, what happens if an allegation of copyright infringement is made against a playwright? Furthermore, who possesses moral rights over the work? To evaluate these questions in the context of theatre, the first part of the book examines the history of the dramatic work both as text and as performative work. The second part explores the notions of authorship and joint authorship under copyright law as they apply to the actual process of creating plays, referring to legal and theatrical literature, as well as empirical research. The third part looks at the notion of copyright infringement in the context of theatre, noting that cases of alleged theatrical infringement reach the courts comparatively rarely in comparison with music cases, and assessing the reasons for this with respect to empirical research. The fourth part examines the way moral rights of attribution and integrity work in the context of theatre. The book concludes with a prescriptive comment on how law should respond to the challenges provided by the theatrical context, and how theatre should respond to law. Very original and innovative, this book proposes a ground-breaking empirical approach to study the implications of copyright law in society and makes a wonderful case for the need to consider the reciprocal influence between law and practice.