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Copyright, Communication and Culture
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...
Diversity in Intellectual Property
Leading scholars address the interface between intellectual property and diversity with respect to culture, religion, race, and gender.
The Copyright Pentalogy
In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyr...
The Criminal Refugee
Human Rights Series, 3 (Library of Human Rights, 3) After the Second World War human rights law became entrenched in legal discourse as witnessed by a proliferation of human rights treaties. While the right of asylum was recognized as an fundamental right in the Universal Declaration of Human Rights, it has never been an absolute right but always restricted in various ways, the most important ones being that asylum should not be conferred on criminals and that refugees with a criminal background could be removed from the country of refuge. This book examines the extensive jurisprudence at the international and domestic level, which has attempted to balance the right of asylum for an individu...
Authors, Users, and Pirates
An examination of subjectivity in copyright law, analyzing authors, users, and pirates through a relational framework. In current debates over copyright law, the author, the user, and the pirate are almost always invoked. Some in the creative industries call for more legal protection for authors; activists and academics promote user rights and user-generated content; and online pirates openly challenge the strict enforcement of copyright law. In this book, James Meese offers a new way to think about these three central subjects of copyright law, proposing a relational framework that encompasses all three. Meese views authors, users, and pirates as interconnected subjects, analyzing them as a...
Research Handbook on Critical Legal Theory
Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.
Choreographing Copyright
Choreographing Copyright Provides a historical and cultural analysis of U.S.-based dance-makers' investment in intellectual property rights. In a series of case studies stretching from the late nineteenth century to the early twenty-first, the book reconstructs dancers' efforts to win copyright protection for choreography and teases out their raced and gendered politics.
Whose Book is it Anyway?
Whose Book is it Anyway? is a provocative collection of essays that opens out the copyright debate to questions of open access, ethics, and creativity. It includes views – such as artist’s perspectives, writer’s perspectives, feminist, and international perspectives – that are too often marginalized or elided altogether. The diverse range of contributors take various approaches, from the scholarly and the essayistic to the graphic, to explore the future of publishing based on their experiences as publishers, artists, writers and academics. Considering issues such as intellectual property, copyright and comics, digital publishing and remixing, and what it means (not) to say one is an author, these vibrant essays urge us to view central aspects of writing and publishing in a new light. Whose Book is it Anyway? is a timely and varied collection of essays. It asks us to reconceive our understanding of publishing, copyright and open access, and it is essential reading for anyone invested in the future of publishing.
The Reasonable Robot
Argues that treating people and artificial intelligence differently under the law results in unexpected and harmful outcomes for social welfare.
Copyright, Communication and Culture
'The book is elegantly written throughout and, despite my reservations, I find that it builds a persuasive argument. . . Throughout her book, Craig works tirelessly to persuade us of the veracity of her argument. . . her careful construction of the argument, showing us through judicious use of case law how small shifts in interpretation and attitude can start to make a significant difference, is noteworthy. My anxiety at the reliance of feminist scholarship was unfounded. While its influence is there, Craig's thoughtful use of its authority means that it melds well into the broader focus of her thesis. I finished the book feeling energised and hopeful that there is perhaps a way that we can move from the current rather polarised and polemical approach and expansionary tendencies in copyright law to one that is more principled and balanced. I highly commend this book to you and hope that when you have read it, you will feel as refreshed as I did.' - Charlotte Waelde, Journal of Media Law
