Candace Spigelman investigates the dynamics of ownership in small group writing workshops, basing her findings on case studies involving two groups: a five-member creative writing group meeting monthly at a local Philadelphia coffee bar and a four-member college-level writing group meeting in their composition classroom. She explores the relationship between particular notions of intellectual property within each group as well as the effectiveness of writing groups that embrace these notions. Addressing the negotiations between the public and private domains of writing within these groups, she discovers that for both the committed writers and the novices, “values associated with textual ownership play a crucial role in writing group performance.”
Spigelman discusses textual ownership, intellectual property, and writing group processes and then reviews theories relating to authorship and knowledge making. After introducing the participants in each group, discussing their texts, and describing their workshop sessions, she examines the writers’ avowed and implied beliefs about exchanging ideas and protecting individual property rights.
Spigelman stresses the necessary tension between individual and social aspects of writing practices: She argues for the need to foster more collaborative activity among student writers by replicating the processes of writers working in nonacademic settings but also contends that all writers must be allowed to imagine their individual agency and authority as they compose.
The art scene today is one of appropriation—of remixing, reusing, and recombining the works of other artists. From the musical mash-ups of Girl Talk to the pop-culture borrowings of Damien Hirst and Jeff Koons, it’s clear that the artistic landscape is shifting—which leads to some tricky legal and philosophical questions. In this up-to-date, thorough, and accessible analysis of the right to copyright, Darren Hudson Hick works to reconcile the growing practice of artistic appropriation with innovative views of artists’ rights, both legal and moral.
Engaging with long-standing debates about the nature of originality, authorship, and artists’ rights, Hick examines the philosophical challenges presented by the role of intellectual property in the artworld and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement as they are informed by analytical aesthetics and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.
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.
An informative and insightful collection of essays on cultural appropriation, focusing on America's appropriation and use of Native American culture specifically. The topics in this book covers topics from the arts, land, and artifacts to ideas, knowledge, and symbols.
TyAnna K. Herrington explains current intellectual property law and examines the effect of the Internet and ideological power on its interpretation. Promoting a balanced development of our national culture, she advocates educators’ informed participation in ensuring egalitarian public access to information. She discusses the control of information and the creation of knowledge in terms of the way control functions under current property law.
Creativity and Its Discontents is a sharp critique of the intellectual property rights (IPR)–based creative economy, particularly as it is embraced or ignored in China. Laikwan Pang argues that the creative economy—in which creativity is an individual asset to be commodified and protected as property—is an intensification of Western modernity and capitalism at odds with key aspects of Chinese culture. Nevertheless, globalization has compelled China to undertake endeavors involving intellectual property rights. Pang examines China's IPR-compliant industries, as well as its numerous copyright violations. She describes how China promotes intellectual property rights in projects such as the development of cultural tourism in the World Heritage city of Lijiang, the transformation of Hong Kong cinema, and the cultural branding of Beijing. Meanwhile, copyright infringement proliferates, angering international trade organizations. Pang argues that piracy and counterfeiting embody the intimate connection between creativity and copying. She points to the lack of copyright protections for Japanese anime as the motor of China's dynamic anime culture. Theorizing the relationship between knockoffs and appropriation art, Pang offers an incisive interpretation of China's flourishing art scene. Creativity and Its Discontents is a refreshing rejoinder to uncritical celebrations of the creative economy.
Logos, trademarks, national insignia, brand names, celebrity images, design patents, and advertising texts are vibrant signs in a consumer culture governed by a regime of intellectual property laws. In The Cultural Life of Intellectual Properties, professor of law and cultural anthropologist Rosemary J. Coombe brings an illuminating ethnographic approach to an analysis of authorship and the role law plays in shaping the various meanings that animate these protected properties in the public sphere. Although such artifacts are ubiquitous in contemporary culture, little attention has been paid to the impact of intellectual property law in everyday life or to how ownership of specific intellectual properties is determined and exercised. Drawing on a wide range of cases, disputes, and local struggles, Coombe examines these issues and dismantles the legal assumption that the meaning and value of a text or image is produced exclusively by an individual author or that authorship has a single point of origin. In the process, she examines controversies that include the service of turbanned Sikhs in the Royal Canadian Mounted Police and the use of the term Olympic in reference to the proposed gay Olympic Games. Other chapters discuss the appropriation of such celebrity images as the Marx brothers, Judy Garland, Dolly Parton, James Dean, and Luke Skywalker; the conflict over team names such as the Washington Redskins; and the opposition of indigenous peoples to stereotypical Native American insignia proffered by the entertainment industry. Ultimately, she makes a case for redefining the political in commodified cultural environments. Significant for its insights into the political significance of current intellectual property law, this book also provides new perspectives on debates in cultural anthropology, cultural studies, and political theory. It will therefore interest both a wide scholarly and a general audience.
The protection and accumulation of intellectual property rights—like property rights in general—is one of the most important contemporary American values. In his cogent book, The Cultural Production of Intellectual Property Rights, Sean Johnson Andrews shows that the meaning, power, and value of intellectual properties are the consequence of an extended process of cultural production.
Johnson Andrews argues that it is deeper ideological and historical roots which demand that, in the contemporary global, digital economy, all property rights be held sacrosanct and all value must flow back to the legal owner.
Johnson Andrews explains that if we want to rebalance the protection of copyrights and trademarks, we should focus on undermining the reified culture of property that underpins capitalism as a whole. He outlines a framework for analyzing culture; situates intellectual property rights in the history of capitalist property relations; synthesizes key theories of media, politics, and law; and ultimately provides scholars and activists a path to imagining a different future where we prioritize our collective production of value in the commons.
In this collection of essays, leading academics, critics, and artists historicize collage and appropriation tactics that cut across diverse media and genres. They take up issues of appropriation in the popular and the avant-garde, in altered billboards and the work of the renowned painter Chris Ofili, in hip-hop and the compositions of Béla Bartók and Zoltán Kodály, and in audio mash-ups, remixed news broadcasts, pranks, culture jamming, and numerous other cultural forms. The borrowing practices that they consider often run afoul of intellectual property regimes, and many of the contributors address the effects of copyright and trademark law on creativity. Among the contributors are the novelist and essayist Jonathan Lethem, the poet and cultural critic Joshua Clover, the filmmaker Craig Baldwin, the hip-hop historian Jeff Chang, the ’zine-maker and sound collage artist Lloyd Dunn, and Negativland, the infamous collective that was sued in 1991 for sampling U2 in a satirical sound collage. Cutting Across Media is both a serious examination of collage and appropriation practices and a celebration of their transformative political and cultural possibilities.
Contributors. Craig Baldwin, David Banash, Marcus Boon, Jeff Chang, Joshua Clover, Lorraine Morales Cox, Lloyd Dunn, Philo T. Farnsworth, Pierre Joris, Douglas Kahn, Rudolf Kuenzli, Rob Latham, Jonathan Lethem, Carrie McLaren, Kembrew McLeod, Negativland, Davis Schneiderman, David Tetzlaff, Gábor Vályi, Warner Special Products, Eva Hemmungs Wirtén
Jessica Litman Michigan Publishing Services Library of Congress KF3030.1.L58 2017
The general public is used to thinking of copyright (if it thinks of it at all) as marginal and arcane. But copyright is central to our society’s information policy and affects what we can read, view, hear, use, or learn. In 1998 Congress enacted new laws greatly expanding copyright owners’ control over individuals’ private uses of their works. The efforts to enforce these new rights laws have resulted in highly publicized legal battles between established media, including major record labels and motion picture studios, and new upstart internet companies such as MP3.com and Napster.
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 the way people actually behave in their daily digital interactions.
The Maize Books edition includes both an afterword written in 2006 exploring the rise of peer-to-peer file sharing and a new Postscript reflecting on the consequences of the Digital Millennium Copyright Act as it nears its twentieth birthday.
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law).
Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels.
This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights.
Table of Contents:
Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law
Conclusion Acknowledgments Index
Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun
Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice
Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World
An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit
The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee
Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
A Hacker Manifesto
McKenzie Wark Harvard University Press, 2004 Library of Congress HC79.I55W37 2004 | Dewey Decimal 303.4833
A double is haunting the world--the double of abstraction, the virtual reality of information, programming or poetry, math or music, curves or colorings upon which the fortunes of states and armies, companies and communities now depend. The bold aim of this book is to make manifest the origins, purpose, and interests of the emerging class responsible for making this new world--for producing the new concepts, new perceptions, and new sensations out of the stuff of raw data.
A Hacker Manifesto deftly defines the fraught territory between the ever more strident demands by drug and media companies for protection of their patents and copyrights and the pervasive popular culture of file sharing and pirating. This vexed ground, the realm of so-called "intellectual property," gives rise to a whole new kind of class conflict, one that pits the creators of information--the hacker class of researchers and authors, artists and biologists, chemists and musicians, philosophers and programmers--against a possessing class who would monopolize what the hacker produces.
Drawing in equal measure on Guy Debord and Gilles Deleuze, A Hacker Manifesto offers a systematic restatement of Marxist thought for the age of cyberspace and globalization. In the widespread revolt against commodified information, McKenzie Wark sees a utopian promise, beyond the property form, and a new progressive class, the hacker class, who voice a shared interest in a new information commons.
Providing a sweeping millennium-plus history of the learned book in the West, John Willinsky puts current debates over intellectual property into context, asking what it is about learning that helped to create the concept even as it gave the products of knowledge a different legal and economic standing than other sorts of property.
Willinsky begins with Saint Jerome in the fifth century, then traces the evolution of reading, writing, and editing practices in monasteries, schools, universities, and among independent scholars through the medieval period and into the Renaissance. He delves into the influx of Islamic learning and the rediscovery of classical texts, the dissolution of the monasteries, and the founding of the Bodleian Library before finally arriving at John Locke, whose influential lobbying helped bring about the first copyright law, the Statute of Anne of 1710. Willinsky’s bravura tour through this history shows that learning gave rise to our idea of intellectual property while remaining distinct from, if not wholly uncompromised by, the commercial economy that this concept inspired, making it clear that today’s push for marketable intellectual property threatens the very nature of the quest for learning on which it rests.
What issues arise when students’ uses of intellectual materials are legally challenged, and how does the academic context affect them? What happens when users of intellectual property, either within or outside the academic structure, violate students’ rights to their intellectual products? In Intellectual Property on Campus, TyAnna K. Herrington addresses these concerns and more, clearing up the confusion often surrounding intellectual property law and its application in an academic setting. Filled with practical information and simple yet thorough explanations, this enlightening volume provides educators and students with a solid basis for understanding the broader impacts of legal and ethical dilemmas involving intellectual materials.
Herrington provides insight for students into how complex concepts such as patent, trademark, copyright, fair use, and plagiarism affect their work. She outlines the potential effects of the choices students make, as well as the benefits and limitations of legal protection for intellectual property, including the thorny issues of authorship and authority under the 1976 Copyright Act. Herrington also explores the topic of student collaboration—now very common on college campuses—and how it affects intellectual property issues and legal relationships, as well as the impact of new technologies, such as blogs, on student work in educational environments. Intellectual Property on Campus also provides useful information for administrators and educators. In particular, Herrington investigates the possible ramifications of their pedagogical and policy choices, and examines in depth the responsibility of instructors to treat students’ intellectual property legally, ethically, and conscientiously. Cautioning educators about the limitations on their control over intellectual materials in an academic setting, Herrington encourages teachers to minimize their influence over student works, instead giving pupils more freedom to control their own creations.
The volume also investigates the rights, responsibilities, and limitations for users of intellectual property, as opposed to creators, especially as related to student or instructor use of copyrighted materials. Discussed in detail are such issues as fair use and the TEACH Act, as well as the often-intertwined areas of plagiarism, authorship, and copyright. In addition, Herrington addresses recent cultural developments regarding the use and creation of intellectual property by students and instructors.
Written in a jargon-free style that is easy to understand, Intellectual Property on Campus gives students, instructors, and administrators the information they need to navigate the intricate landscape of law and integrity in the realm of academic creation.
This fully revised and updated edition of Intellectual Property Rights for Engineers addresses recent developments in the area. The book explains the general principles behind the law protecting innovation, quoting cases from the engineering domain in order to clarify legal issues. Chapters outline the basic rights through automatic protection (copyright, design right) and registration systems (patent, registered design, trade mark), and also discusses the issues surrounding confidential information. The book clarifies precisely who owns the rights and how their use is constrained by EC law, and goes on to explain how to license or even litigate when necessary. Finally, strategic aspects for decision-making and management are discussed.
In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.
Laws of Creation
Ronald A. Cass Harvard University Press, 2012 Library of Congress K1401.C375 2012 | Dewey Decimal 346.048
Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
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.
In many ways, Marie Curie represents modern science. Her considerable lifetime achievements—the first woman to be awarded a Nobel Prize, the only woman to be awarded the Prize in two fields, and the only person to be awarded Nobel Prizes in multiple sciences—are studied by schoolchildren across the world. When, in 2009, the New Scientist carried out a poll for the “Most Inspirational Female Scientist of All Time,” the result was a foregone conclusion: Marie Curie trounced her closest runner-up, Rosalind Franklin, winning double the number of Franklin’s votes. She is a role model to women embarking on a career in science, the pride of two nations—Poland and France—and, not least of all, a European Union brand for excellence in science.
Making Marie Curie explores what went into the creation of this icon of science. It is not a traditional biography, or one that attempts to uncover the “real” Marie Curie. Rather, Eva Hemmungs Wirtén, by tracing a career that spans two centuries and a world war, provides an innovative and historically grounded account of how modern science emerges in tandem with celebrity culture under the influence of intellectual property in a dawning age of information. She explores the emergence of the Curie persona, the information culture of the period that shaped its development, and the strategies Curie used to manage and exploit her intellectual property. How did one create and maintain for oneself the persona of scientist at the beginning of the twentieth century? What special conditions bore upon scientific women, and on married women in particular? How was French identity claimed, established, and subverted? How, and with what consequences, was a scientific reputation secured?
In its exploration of these questions and many more, Making Marie Curie provides a composite picture not only of the making of Marie Curie, but the making of modern science itself.
During much of the nineteenth century, physicians and pharmacists alike considered medical patenting and the use of trademarks by drug manufacturers unethical forms of monopoly; physicians who prescribed patented drugs could be, and were, ostracized from the medical community. In the decades following the Civil War, however, complex changes in patent and trademark law intersected with the changing sensibilities of both physicians and pharmacists to make intellectual property rights in drug manufacturing scientifically and ethically legitimate. By World War I, patented and trademarked drugs had become essential to the practice of good medicine, aiding in the rise of the American pharmaceutical industry and forever altering the course of medicine.
Drawing on a wealth of previously unused archival material, Medical Monopoly combines legal, medical, and business history to offer a sweeping new interpretation of the origins of the complex and often troubling relationship between the pharmaceutical industry and medical practice today. Joseph M. Gabriel provides the first detailed history of patent and trademark law as it relates to the nineteenth-century pharmaceutical industry as well as a unique interpretation of medical ethics, therapeutic reform, and the efforts to regulate the market in pharmaceuticals before World War I. His book will be of interest not only to historians of medicine and science and intellectual property scholars but also to anyone following contemporary debates about the pharmaceutical industry, the patenting of scientific discoveries, and the role of advertising in the marketplace.
Hardly a week passes without some high-profile court case that features intellectual property at its center. But how did the belief that one could own an idea come about? And how did that belief change the way humankind lives and works?
William Rosen, author of Justinian's Flea, seeks to answer these questions and more with The Most Powerful Idea in the World. A lively and passionate study of the engineering and scientific breakthroughs that led to the steam engine, this book argues that the very notion of intellectual property drove not only the invention of the steam engine but also the entire Industrial Revolution: history’s first sustained era of economic improvement. To do so, Rosen conjures up an eccentric cast of characters, including the legal philosophers who enabled most the inventive society in millennia, and the scientists and inventors—Thomas Newcomen, Robert Boyle, and James Watt—who helped to create and perfect the steam engine over the centuries. With wit and wide-ranging curiosity, Rosen explores the power of creativity, capital, and collaboration in the brilliant engineering of the steam engine and how this power source, which fueled factories, ships, and railroads, changed human history.
Deeply informative and never dull, Rosen's account of one of the most important inventions made by humans is a rollicking ride through history, with careful scholarship and fast-paced prose in equal measure.
"Richard Schur offers a provocative view of contemporary African American cultural politics and the relationship between African American cultural production and intellectual property law."
---Mark Anthony Neal, Duke University
"Whites used to own blacks. Now, they accomplish much the same thing by insisting that they 'own' ownership. Blacks shouldn't let them. A culture that makes all artists play by its rules will end up controlling new ideas and stifling change. Richard Schur's fine book explains why."
---Richard Delgado, Seattle University
What is the relationship between hip-hop and African American culture in the post--Civil Rights era? Does hip-hop share a criticism of American culture or stand as an isolated and unique phenomenon? How have African American texts responded to the increasing role intellectual property law plays in regulating images, sounds, words, and logos? Parodies of Ownership examines how contemporary African American writers, artists, and musicians have developed an artistic form that Schur terms "hip-hop aesthetics." This book offers an in-depth examination of a wide range of contemporary African American painters and writers, including Anna Deavere Smith, Toni Morrison, Adrian Piper, Colson Whitehead, Michael Ray Charles, Alice Randall, and Fred Wilson. Their absence from conversations about African American culture has caused a misunderstanding about the nature of contemporary cultural issues and resulted in neglect of their innovative responses to the post--Civil Rights era. By considering their work as a cross-disciplinary and specifically African American cultural movement, Schur shows how a new paradigm for artistic creation has developed.
Parodies of Ownership offers a broad analysis of post--Civil Rights era culture and provides the necessary context for understanding contemporary debates within American studies, African American studies, intellectual property law, African American literature, art history, and hip-hop studies. Weaving together law, literature, art, and music, Schur deftly clarifies the conceptual issues that unify contemporary African American culture, empowering this generation of artists, writers, and musicians to criticize how racism continues to affect our country.
Richard L. Schur is Director, Interdisciplinary Studies Center, and Associate Professor of Interdisciplinary Studies at Drury University. Visit the author's website: http://www2.drury.edu/rschur/index.htm.
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works.
The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn.
The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Who owns your genetic information? Might it be the doctors who, in the course of removing your spleen, decode a few cells and turn them into a patented product? In 1990 the Supreme Court of California said yes, marking another milestone on the information superhighway. This extraordinary case is one of the many that James Boyle takes up in Shamans, Software, and Spleens, a timely look at the infinitely tricky problems posed by the information society. Discussing topics ranging from blackmail and insider trading to artificial intelligence (with good-humored stops in microeconomics, intellectual property, and cultural studies along the way), Boyle has produced a work that can fairly be called the first social theory of the information age.
Now more than ever, information is power, and questions about who owns it, who controls it, and who gets to use it carry powerful implications. These are the questions Boyle explores in matters as diverse as autodialers and direct advertising, electronic bulletin boards and consumer databases, ethno-botany and indigenous pharmaceuticals, the right of publicity (why Johnny Carson owns the phrase "Here's Johnny!"), and the right to privacy (does J. D. Salinger "own" the letters he's sent?). Boyle finds that our ideas about intellectual property rights rest on the notion of the Romantic author--a notion that Boyle maintains is not only outmoded but actually counterproductive, restricting debate, slowing innovation, and widening the gap between rich and poor nations. What emerges from this lively discussion is a compelling argument for relaxing the initial protection of authors' works and expanding the concept of the fair use of information. For those with an interest in the legal, ethical, and economic ramifications of the dissemination of information--in short, for every member of the information society, willing or unwilling--this book makes a case that cannot be ignored.
An in-depth exploration of digital culture and its dissemination, Sharing offers a counterpoint to the dominant view that file sharing is piracy. Instead, Philippe Aigrain looks at the benefits of file sharing, which allows unknown writers and artists to be appreciated more easily. Concentrating not only on the cultural enrichment caused by widely shared digital media, Sharing also discusses new financing models that would allow works to be shared freely by individuals without aim at profit. Aigrain carefully balances the needs to support and reward creative activity with a suitable respect for the cultural common good and proposes a new interpretation of the digital landscape.
What happens when ritual practitioners from a small Pacific nation make an intellectual property claim to bungee jumping? When a German company successfully sues to defend its trademark of a Māori name? Or when UNESCO deems ephemeral sand drawings to be "intangible cultural heritage"? In Treasured Possessions, Haidy Geismar examines how global forms of cultural and intellectual property are being redefined by everyday people and policymakers in two markedly different Pacific nations. The New Hebrides, a small archipelago in Melanesia managed jointly by Britain and France until 1980, is now the independent nation-state of Vanuatu, with a population that is more than 95 percent indigenous. New Zealand, by contrast, is a settler state and former British colony that engages with its entangled Polynesian and British heritage through an ethos of "biculturalism" that is meant to involve an indigenous population of just 15 percent. Alternative notions of property, resources, and heritage—informed by distinct national histories—are emerging in both countries. These property claims are advanced in national and international settings, but they emanate from specific communities and cultural landscapes, and they are grounded in an awareness of ancestral power and inheritance. They reveal intellectual and cultural property to be not only legal constructs but also powerful ways of asserting indigenous identities and sovereignties.
The widespread perception of singers and musicians as free individuals doing enjoyable and fulfilling work obscures the realities of their occupation. In Unfree Masters Matt Stahl examines recording artists' labor in the music industry as a form of creative work. He begins by considering the television show American Idol and the 2004 rockumentary Dig!, tracing the ways that popular music making is narrativized in contemporary America and showing how such narratives highlight musicians' negotiations of the limits of freedom and autonomy in creative cultural-industrial work. Turning to struggles between recording artists and record companies over laws that govern their working and contractual relationships, he reveals further tensions and contradictions in this form of work. Stahl argues that media narratives of music making, as well as contract and copyright disputes between musicians and music industry executives, contribute to American socioeconomic discourse and expose a foundational tension between democratic principles of individual autonomy and responsibility and the power of employers to control labor and appropriate its products. Stahl asserts that the labor issues that he discloses in music can stimulate insights about the political-economic and imaginative challenges currently facing working people of all kinds.
What's Wrong with Copying?
Abraham Drassinower Harvard University Press, 2015 Library of Congress K1447.15.D73 2015 | Dewey Decimal 346.0482
Abraham Drassinower presents a new way to balance the needs of creators and users of authored works. Disentangling copyright theory from its focus on the economic value of a work as a commodity, he views a work instead as a communicative act. Infringement, according to this perspective, is an unauthorized appropriation of another’s speech.
It is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world's closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them?
While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above?
Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, Susan Scafidi takes the reader on a tour of the no-man's-land between law and culture, pausing to ask: What prompts us to offer legal protection to works of literature, but not folklore? What does it mean for a creation to belong to a community, especially a diffuse or fractured one? And is our national culture the product of Yankee ingenuity or cultural kleptomania?
Providing new insights to communal authorship, cultural appropriation, intellectual property law, and the formation of American culture, this innovative and accessible guide greatly enriches future legal understanding of cultural production.
Who Owns Native Culture?
Michael F. BROWN Harvard University Press, 2003 Library of Congress K1401.B79 2003 | Dewey Decimal 346.048
The practical and artistic creations of native peoples permeate everyday life in settler nations, from the design elements on our clothing to the plot-lines of books we read to our children. Rarely, however, do native communities benefit materially from this use of their heritage, a situation that drives growing resistance to what some denounce as "cultural theft."
Who Owns Native Culture? documents the efforts of indigenous peoples to redefine heritage as a proprietary resource. Michael Brown takes readers into settings where native peoples defend what they consider their cultural property: a courtroom in Darwin, Australia, where an Aboriginal artist and a clan leader bring suit against a textile firm that infringes sacred art; archives and museums in the United States, where Indian tribes seek control over early photographs and sound recordings collected in their communities; and the Mexican state of Chiapas, site of a bioprospecting venture whose legitimacy is questioned by native-rights activists.
By focusing on the complexity of actual cases, Brown casts light on indigenous claims in diverse fields--religion, art, sacred places, and botanical knowledge. He finds both genuine injustice and, among advocates for native peoples, a troubling tendency to mimic the privatizing logic of major corporations.
The author proposes alternative strategies for defending the heritage of vulnerable native communities without blocking the open communication essential to the life of pluralist democracies. Who Owns Native Culture? is a lively, accessible introduction to questions of cultural ownership, group privacy, intellectual property, and the recovery of indigenous identities.
Table of Contents:
Illustrations Preface Author's Note
Introduction 1. The Missionary's Photographs 2. Cultures and Copyrights 3. Sign Wars 4. Ethnobotany Blues 5. Negotiating Mutual Respect 6. At the Edge of the Indigenous 7. Native Heritage in the Iron Cage 8. Finding Justice in the Global Commons
Notes Sources on Indigenous Cultural Rights Acknowledgments Index
Reviews of this book: Every once in a while critical reason triumphs over political correctness and identity politics, and the result can be exhilarating. Michael F. Brown, who is the Lambert professor of anthropology and Latin American studies at Williams College and knows more about intellectual property law than most legal scholars, has written a brave, logical and even witty book about some of the hazards and challenges of cultural heritage protection. --Richard A. Shweder, New York Times Book Review
Reviews of this book: This is an excellent guide to conflicting logics and to what occurs when 'culture' is transformed from an abstraction into something apparently tangible and immutable as 'heritage.' This outstanding book is also a plea for flexibility in civil society and social justice for First Nations. --O. Pi-Sunyer, Choice
Michael Brown brings a discerning anthropological eye and ear to the passionate questions raised by efforts to protect native heritage from use by outsiders. Who Owns Native Culture? is a major and vital work, opening up to view a tournament of values central to contemporary thinking about culture. --Fred Myers, New York University
The genius of the book is both to bring together a vast amount of disparate material... and to add to this the author's own touch: his ability to present embattled people and conflicting logics with hopes for provisional, practical, empirically wise and humane solutions. --Marilyn Strathern, University of Cambridge
An outstanding book on a subject of vital importance. Michael Brown has emerged as a commanding figure in debate about this subject, and here we see why. Not only does he cover a tremendous range of issues but unlike other books on the subject, his offers guidelines for how such complex issues should be politically negotiated. Must reading! --Katherine Verdery, University of Michigan
Everyone whose research involves indigenous cultures, indigenous property rights, or intellectual property issues should have a closely read and well-highlighted copy of Brown's book. --Joe Watkins, University of New Mexico