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Author: Sean K. Johnson Andrews
Publisher:
ISBN: 9781109266986
Category : Intellectual property
Languages : en
Pages : 450
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Book Description
The argument of this dissertation is that the debate over intellectual property rights (IPR) exposes the underlying reified culture of property that pervades western capitalist societies. This culture rests on the Natural Law ideology of Locke and his defense of the liberal state. In large part the participants in the debate around IPR have presumed that the stakes are only over the way this reified culture is extended to "intangible" products. I contend that it is truly over a longstanding process of commodification, primitive accumulation, and the division of labor into mental and manual capacities which are all different dimensions of this "reified culture of property." These are the indispensable characteristics of the "purely economic" state that is necessary to produce subjects adhering to the classic ideal of Liberal culture. IPR appears a conjunctural concern, in relation to digitization and globalization, but these are just catalysts which produce points of conflict over a more fundamental theory of value and property. Therefore the expansion of the scope and scale of IPR is less about IPR than about the continued health of global capitalism and the reified culture of property itself. (p. VI).
Author: Sean K. Johnson Andrews
Publisher:
ISBN: 9781109266986
Category : Intellectual property
Languages : en
Pages : 450
Get Book
Book Description
The argument of this dissertation is that the debate over intellectual property rights (IPR) exposes the underlying reified culture of property that pervades western capitalist societies. This culture rests on the Natural Law ideology of Locke and his defense of the liberal state. In large part the participants in the debate around IPR have presumed that the stakes are only over the way this reified culture is extended to "intangible" products. I contend that it is truly over a longstanding process of commodification, primitive accumulation, and the division of labor into mental and manual capacities which are all different dimensions of this "reified culture of property." These are the indispensable characteristics of the "purely economic" state that is necessary to produce subjects adhering to the classic ideal of Liberal culture. IPR appears a conjunctural concern, in relation to digitization and globalization, but these are just catalysts which produce points of conflict over a more fundamental theory of value and property. Therefore the expansion of the scope and scale of IPR is less about IPR than about the continued health of global capitalism and the reified culture of property itself. (p. VI).
Author: Sean Johnson Andrews
Publisher: Temple University Press
ISBN: 143991429X
Category : Law
Languages : en
Pages : 275
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Book Description
This book looks at questions of intellectual property rights (IPR) -- historically, culturally, and politically -- and their relationship to law and the state. Arguing that the idea that intellectual property is another kind of property right (that is, that IP is a thing to be owned) exists in parallel with the idea that intellectual property is the consequence of a cultural process, Andrews discusses intellectual property rights within the context of cultural studies, treating them as an object through which intersecting cultural and political issues can be understood.?
Author: Mario Biagioli
Publisher: University of Chicago Press
ISBN: 022617249X
Category : Law
Languages : en
Pages : 476
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Book Description
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.
Author: Kembrew McLeod
Publisher: Peter Lang Incorporated, International Academic Publishers
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 304
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Book Description
Owning Culture demonstrates how intellectual property law has expanded to allow for private ownership of a remarkable array of things, from the patenting of human genes linked to breast cancer to the trademarking of the phrases «home style» and «freedom of ownership.» This book examines diverse areas of contemporary life affected by intellectual property law, including sampling practices in hip-hop music, the appropriation of Third World indigenous knowledge about the medical uses of plants, the effects of seed patenting on farming, and the impact of copyright law on folk music-making. By placing under scrutiny the individualistic, Western conception of the «author» that grounds intellectual property law, Kembrew McLeod shows how borrowing practices have been - and continue to be - central to cultural production. Additionally, this book highlights how intellectual property law facilitates the privatization of culture and the transfer of power into the hands of wealthy individuals and corporations. Clearly written, thoughtful, and thought provoking, Owning Culture provides an innovative approach to the study of culture and law.
Author: Madhavi Sunder
Publisher: Yale University Press
ISBN: 030014671X
Category : Law
Languages : en
Pages : 274
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Book Description
A law professor draws from social and cultural theory to defend her idea that that intellectual property law affects the ability of citizens to live a good life and prohibits people from making and sharing culture.
Author: Fiona Macmillan
Publisher: Routledge
ISBN: 0429759215
Category : Art
Languages : en
Pages : 228
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Book Description
This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.
Author: Fiona Macmillan
Publisher: Routledge
ISBN: 0429759223
Category : Art
Languages : en
Pages : 218
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Book Description
This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.
Author: Marie-Stéphanie Delamaire
Publisher: Open Book Publishers
ISBN: 1800641494
Category : Law
Languages : en
Pages : 334
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Book Description
The nineteenth century witnessed a series of revolutions in the production and circulation of images. From lithographs and engraved reproductions of paintings to daguerreotypes, stereoscopic views, and mass-produced sculptures, works of visual art became available in a wider range of media than ever before. But the circulation and reproduction of artworks also raised new questions about the legal rights of painters, sculptors, engravers, photographers, architects, collectors, publishers, and subjects of representation (such as sitters in paintings or photographs). Copyright and patent laws tussled with informal cultural norms and business strategies as individuals and groups attempted to exert some degree of control over these visual creations. With contributions by art historians, legal scholars, historians of publishing, and specialists of painting, photography, sculpture, and graphic arts, this rich collection of essays explores the relationship between intellectual property laws and the cultural, economic, and technological factors that transformed the pictorial landscape during the nineteenth century. This book will be valuable reading for historians of art and visual culture; legal scholars who work on the history of copyright and patent law; and literary scholars and historians who work in the field of book history. It will also resonate with anyone interested in current debates about the circulation and control of images in our digital age.
Author: Siva Vaidhyanathan
Publisher: NYU Press
ISBN: 9780814788073
Category : History
Languages : en
Pages : 276
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Book Description
In this text, the author tracks the history of American copyright law through the 20th century, from Mark Twain's exhortations for 'thick' copyright protection, to recent lawsuits regarding sampling in rap music and the 'digital moment', exemplified by the rise of Napster and MP3 technology.
Author: Jessica Reyman
Publisher: Routledge
ISBN: 1135160554
Category : Language Arts & Disciplines
Languages : en
Pages : 345
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Book Description
In recent years we have witnessed a rising tension between the open architecture of the Internet and legal restrictions for online activities. The impact of digital recording technologies and distributed file sharing systems has forever changed the expectations of everyday users with regard to digital information. At the same time, however, U.S. Copyright Law has shown a decided trend toward more restrictions over what we are able to do with digital materials. As a result, a gap has emerged between the reality of copyright law and the social reality of our everyday activities. Through an analysis of the competing rhetorical frameworks about copyright regulation in a digital age, this book shows how the stories told by active parties in the debate shape our cultural understanding of what is and is not acceptable in the use of copyrighted works on digital networks. Reyman posits recent legal developments as sites of conflict between competing value systems in our culture: one of control, relying heavily on comparisons of intellectual property to physical property, and emphasizing ownership, theft, and piracy, and the other a value of community, implementing new concepts such as that of an intellectual "commons," and emphasizing exchange, collaboration, and responsibility to a public good.
