The Idea Of Public Joint Authorship In Copyright

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.

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

This second edition details the substantial developments in EU law during the last decade, including major cases, new treaties and new directives.

In this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity. Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a vibrant, participatory culture. Through a critical examination of the doctrines of originality and fair dealing, as well as the relationship between copyright and freedom of expression, she explores how this relational theory of copyright law could further the public purposes of the copyright system and the social values it embodies. This unique and insightful study will be of great interest to students and scholars of intellectual property, communications, cultural studies, feminist theory and the arts and humanities.

This booklet is intended to provide an introduction for non-specialists or new-comers to the subject of copyright and related rights. It explains in layman's terms the fundamentals underpinning copyright law and practice. It describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. And finally it briefly covers transfer of copyright and provisions for enforcement.

What is an author? What is a text? At a time when the definition of "text" is expanding and the technology whereby texts are produced and disseminated is changing at an explosive rate, the ways "authorship" is defined and rights conferred upon authors must also be reconsidered. This volume argues that contemporary copyright law, rooted as it is in a nineteenth-century Romantic understanding of the author as a solitary creative genius, may be inapposite to the realities of cultural production. Drawing together distinguished scholars from literature, law, and the social sciences, the volume explores the social and cultural construction of authorship as a step toward redefining notions of authorship and copyright for today's world. These essays, illustrating cultural studies in action, are aggressively interdisciplinary and wide-ranging in topic and approach. Questions of collective and collaborative authorship in both contemporary and early modern contexts are addressed. Other topics include moral theory and authorship; copyright and the balance between competing interests of authors and the public; problems of international copyright; musical sampling and its impact on "fair use" doctrine; cinematic authorship; quotation and libel; alternative views of authorship as exemplified by nineteenth-century women's clubs and by the Renaissance commonplace book; authorship in relation to broadcast media and to the teaching of writing; and the material dimension of authorship as demonstrated by Milton's publishing contract. Contributors. Rosemary J. Coombe, Margreta de Grazia, Marvin D'Lugo, John Feather, N. N. Feltes, Ann Ruggles Gere, Peter Jaszi, Gerhard Joseph, Peter Lindenbaum, Andrea A. Lunsford and Lisa Ede, Jeffrey A. Masten, Thomas Pfau, Monroe E. Price and Malla Pollack, Mark Rose, Marlon B. Ross, David Sanjek, Thomas Streeter, Jim Swan, Max W. Thomas, Martha Woodmansee, Alfred C. Yen