Law, Art and the Commons

Law, Art and the Commons PDF Author: Merima Bruncevic
Publisher: Routledge
ISBN: 1315521393
Category : Art
Languages : en
Pages : 227

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Book Description
The concept of the cultural commons has become increasingly important for legal studies. Within this field, however, it is a contested concept: at once presented as a sphere for creativity, democratic access and freedom of speech, but one that denies property rights and misappropriates the public domain. In this book, Merima Bruncevic takes up the cultural commons not merely as an abstract notion, but in its connection to physical spaces such as museums and libraries. A legal cultural commons can, she argues, be envisioned as a lawscape that can quite literally be entered and engaged with. Focusing largely on art in the context of the copyright regime, but also addressing a number of cultural heritage issues, the book draws on the work of Deleuze and Guattari in order to examine the realm of the commons as a potential space for overcoming the dichotomy between the owner and the consumer of culture. Challenging this dichotomy, it is the productive and creative potential of law itself that is elicited through the book’s approach to the commons as the empirical basis for a new legal framework, which is able to accommodate a multitude of interests and values.

Law, Art and the Commons

Law, Art and the Commons PDF Author: Merima Bruncevic
Publisher: Routledge
ISBN: 1315521393
Category : Art
Languages : en
Pages : 227

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Book Description
The concept of the cultural commons has become increasingly important for legal studies. Within this field, however, it is a contested concept: at once presented as a sphere for creativity, democratic access and freedom of speech, but one that denies property rights and misappropriates the public domain. In this book, Merima Bruncevic takes up the cultural commons not merely as an abstract notion, but in its connection to physical spaces such as museums and libraries. A legal cultural commons can, she argues, be envisioned as a lawscape that can quite literally be entered and engaged with. Focusing largely on art in the context of the copyright regime, but also addressing a number of cultural heritage issues, the book draws on the work of Deleuze and Guattari in order to examine the realm of the commons as a potential space for overcoming the dichotomy between the owner and the consumer of culture. Challenging this dichotomy, it is the productive and creative potential of law itself that is elicited through the book’s approach to the commons as the empirical basis for a new legal framework, which is able to accommodate a multitude of interests and values.

Art/Commons

Art/Commons PDF Author: Massimiliano Mollona
Publisher: Bloomsbury Publishing
ISBN: 1786997010
Category : Art
Languages : en
Pages : 208

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Book Description
Art/Commons is the first book to theorise the commons from the perspectives of contemporary art history and anthropology, focusing on the ongoing tensions between art and capitalism. This study is grounded in an analysis of contemporary artistic and curatorial practices, which the author describes as practices of commoning, based on co-production, participation, mutualism and the valorization of reproductive labour. Mollona proposes a novel theoretical approach to current debates on the commons, and shows that art can provide both a language of anti-capitalist and post-colonial critique as well as a distinctive set of skills and practices of commoning.

Emerson's Nature and the Artists

Emerson's Nature and the Artists PDF Author: Tyler Green
Publisher: National Geographic Books
ISBN: 3791378694
Category : Art
Languages : en
Pages : 0

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Book Description
Illustrated by classic American paintings and photographs, and accompanied with a prescient new appraisal, this stunning publication on Emerson’s seminal 1836 essay is at once a meditation on the ways artists influence each other and a timely cri de coeur to cherish and preserve America’s landscape. Widely considered to be the foundational text of the American landscape tradition, Ralph Waldo Emerson’s Nature urges Americans to value and immerse themselves in their country’s landscape, to build American culture from America's nature. Nearly two centuries after the original publication of the essay Nature by Emerson, this captivating book by critic and historian Tyler Green brings together a selection of artistic works in dialog with Emerson’s text for the first time. Green also offers his own fascinating take on Nature through new research into how the essay was informed by Emerson’s experiences of art and, in turn, how it informed American art well into the twentieth century. The result is a unique melding of essay, art, and ideas that will draw new readers to Emerson’s writings, while also introducing a fresh perspective on a critical contribution to the American canon and showing what impact Emerson's text still has for the US to this day.

Global Commons and the Law of the Sea

Global Commons and the Law of the Sea PDF Author: Keyuan Zou
Publisher: BRILL
ISBN: 9004373330
Category : Law
Languages : en
Pages : 373

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Book Description
'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.

Intellectual Commons and the Law

Intellectual Commons and the Law PDF Author: Antonios Broumas
Publisher: University of Westminster Press
ISBN: 1912656884
Category : Business & Economics
Languages : en
Pages : 223

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Book Description
‘With clarity and sophistication, Antonios Broumas presents a bold new theory of intellectual commons and powerful arguments for a new body of supportive law. This book not only reveals the misleading logic of intellectual property law in our time; it reveals the rich possibilities for constructive change that legally protected commoning can bring. Highly recommended!’ — David Bollier, Director, Reinventing the Commons Program, Schumacher Center for a New Economics. ‘Liberating the Intellectual Commons from the fetters of capital accumulation and appropriation, would give us a renaissance of creative energies and empowered communities: exactly what the world needs to move away from the social and ecological devastations of our times. This book is a thoughtful and compelling argument for making this possible through the works of the law and the redesign of public domain as a common space.’ — Massimo De Angelis, Professor of Political Economy and Social Change, Co-director of the Centre for Social Justice and Change, University of East London. ‘In this pioneering book, Antonios Broumas argues that philosophically, morally, politically and economically we are in urgent need of a new legal regime that recognizes the intellectual commons, peer production and sharing as the primary practices of intellectual production, distribution and consumption. I cannot imagine a more urgent task today. A legally protected intellectual commons will lead to greater scientific and cultural innovation and creativity and will lead to an urgently needed second Enlightenment. This book should be read by lawyers, critical theorists, economists and the many professionals of science, culture and the academy.’ — Costas Douzinas, Professor of Law, Birkbeck, University of London. ‘Antonios Broumas’ book is an excellent critical analysis of the cultural commons and a must-read for everyone interested in understanding what the commons, the cultural commons, and the digital commons are all about. This work brilliantly outlines the foundations of an empirically grounded critical theory of the commons and the cultural commons in the context of the interactions of law and society.’ — Christian Fuchs, Professor of Media and Communication Studies, author of Communication and Capitalism: A Critical Theory (2020). ‘Broumas takes us on a spellbinding tour of how and why the law could and should change to accommodate the creative multitude, which engages into an emerging mode of production. He tells a vibrant story that makes us shout: “Lawmakers of the world, unite!”’ — Vasilis Kostakis, Professor of P2P Governance, Tallinn University of Technology, Faculty Associate at Harvard Law School. At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.

Common As Air

Common As Air PDF Author: Lewis Hyde
Publisher: Union Books
ISBN: 190852605X
Category : Social Science
Languages : en
Pages : 342

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Book Description
In 1963, Martin Luther King, Jr. delivered his famous ‘ I Have a Dream’ speech. Thirty years later his son registered the words ‘ I Have a Dream’ as a trademark and successfully blocked attempts to reproduce these four words. Unlike the Gettysburg Address and other famous speeches, ‘ I Have a Dream’ is now private property, even though some the speech is comprised of words written by Thomas Jefferson, a man who very much believed that the corporate land grab of knowledge was at odds with the development of civil society. Exploring the complex intersection between creativity and commerce, Hyde raises the question of how our shared store of art and knowledge might be made compatible with our desire to copyright everything, and questions whether the fruits of creative labour can – or should – be privately owned, especially in the digital age. ‘ In what sense,’ he writes, ‘ can someone own, and therefore control other people’ s access to, a work of fiction or a public speech or the ideas behind a drug?’ Moving deftly between literary analysis, history and biography (from Benjamin Franklin’ s reluctance to patent his inventions to Bob Dylan’ s admission that his early method of songwriting was largely comprised of ‘ rearranging verses to old blues ballads, adding an original line here or there… slapping a title on it’ ), Common As Air is a stirring call-to-arms about how we might concretely legislate for a cultural commons that would simultaneously allow for financial reward and protection from monopoly. Rigorous, informative and riveting, this is a book for anyone who is interested in the creative process.

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.

Art and Copyright

Art and Copyright PDF Author: Simon Stokes
Publisher: Bloomsbury Publishing
ISBN: 1847318967
Category : Law
Languages : en
Pages : 179

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Book Description
In recent years the intellectual property protection afforded to works of art has received increased attention from artists, museums, galleries, auction houses, publishers and their professional staff and legal advisers, as well as from those teaching or studying copyright and/or the law of cultural property. This was the first text to examine in detail the intellectual property rights protecting artistic works and artists' rights generally in the United Kingdom. First published in 2001, Art and Copyright has established itself as a leading text in the field. Now revised and updated, the second edition includes expanded coverage of Artist's Resale Right and the relationship between designs law and artistic works, as well as greater coverage of new media and art, and digital developments generally. It also includes additional precedent materials and checklists. It remains an invaluable work for all those involved in art law and for intellectual property lawyers involved with the exploitation and/or sale of artistic works, as well as for intellectual property academics, researchers, law students, curators, publishers, artists, gallery owners and all those interested in how the law protects artistic works.

Remix

Remix PDF Author: Lawrence Lessig
Publisher: Penguin
ISBN: 9781594201721
Category : Art
Languages : en
Pages : 356

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Book Description
The reigning authority on intellectual property in the Internet age, Lawrence Lessig spotlights the newest and possibly the most harmful culture war - a war waged against those who create and consume art. America's copyright laws have ceased to perform their original, beneficial role: protecting artists' creations while allowing them to build on previous creative works. In fact, our system now criminalizes those very actions. Remix is an urgent, eloquent plea to end a war that harms every intrepid, creative user of new technologies. It also offers an inspiring vision of the postwar world where enormous opportunities await those who view art as a resource to be shared openly rather than a commodity to be hoarded.

Circulation and Control

Circulation and Control PDF 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.