The Idea of Authorship in Copyright


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 Work of Authorship


Book Description

What fresh perspectives can viewing copyright law through a humanities' looking glass bring to key notions of tomorrow's copyright law?




The Author's Due


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.




Copyright and Collective Authorship


Book Description

As technology makes it easier for people to work together, large-scale collaboration is becoming increasingly prevalent. In this context, the question of how to determine authorship – and hence ownership - of copyright in collaborative works is an important question to which current copyright law fails to provide a coherent or consistent answer. In Copyright and Collective Authorship, Daniela Simone engages with the problem of how to determine the authorship of highly collaborative works. Employing insights from the ways in which collaborators understand and regulate issues of authorship, the book argues that a recalibration of copyright law is necessary, proposing an inclusive and contextual approach to joint authorship that is true to the legal concept of authorship but is also more aligned with creative reality.




The Construction of Authorship


Book Description

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




Authors and Owners


Book Description

The notion of the author as the creator and therefore the first owner of a work is deeply rooted both in our economic system and in our concept of the individual. But this concept of authorship is modern. Mark Rose traces the formation of copyright in eighteenth-century Britain—and in the process highlights still current issues of intellectual property. Authors and Owners is at once a fascinating look at an important episode in legal history and a significant contribution to literary and cultural history.




Nimmer on Copyright


Book Description




Oh Boy, You're Having a Girl


Book Description

Rules for Raising Little Girls "As the father of a daughter, I wish I'd read this very funny book sooner, if only to know that it's OK for a grown man to wear a tutu." - Dave Barry "Required reading for any parent who doesn't know pants from leggings." - Dan Zevin, author of Dan Gets a Minivan: Life at the Intersection of Dude and Dad It's easy to imagine how you'd raise a boy--all the golf outings, lawnmower lessons, and Little League championships you'd attend--but playing dad to a little princess may take some education. In Oh Boy, You're Having a Girl, Brian, a father of three girls, shares his tactics for surviving this new and glittery world. From baby dolls and bedtime rituals to potty training and dance recitals, he leads you through all the trials and tribulations you'll face as you're raising your daughter. He'll also show you how to navigate your way through tough situations, like making sure that she doesn't start dating until she's fifty. Complete with commandments for restroom trips and properly participating in a tea party, Oh Boy, You're Having a Girl will brace you for all those hours playing house--and psych you up for the awesomeness of raising a daughter who has you lovingly wrapped around her little finger. "Somehow, Brian Klems has taken one of the most traumatic situations known to a father--having a daughter--and made it into something so completely hilarious you'll laugh until you've got oxygen deprivation!" - W. Bruce Cameron, author of 8 Simple Rules for Dating My Teenage Daughter




The Idea of Authorship in Copyright


Book Description

This book provides an interdisciplinary approach to copyright law, dealing with symbiotic relations between law, philosophy and the sociology of the human creative ability. The study takes its organising 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.




Performing Copyright


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.