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A Critique of the Ontology of Intellectual Property Law
This book provides a comprehensive critique of the idea that 'intellectual property' exists as an object that can be owned.
The Exploitation of Intellectual Property Rights
This perceptive book focuses on the interplay between the substantive provisions of intellectual property (IP) rights and the rules of enforcement. Featuring contributions from internationally recognised IP scholars, the book investigates different methods of ensuring that IP contractual and enforcement practices support the overall goals of the IP system.
Privilege and Property
What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follow...
Circulation and Control
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 exe...
Logic in the Theory and Practice of Lawmaking
This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen thr...
Truth Without Objectivity
Truth without Objectivity provides a critique of the mainstream view of 'meaning'. Kölbel examines the standard solutions to the conflict implicit in this view, demonstrating their inadequacy and developing instead his own relativist theory of truth. The mainstream view of meaning assumes that understanding a sentence's meaning implies knowledge of the conditions required for it to be true. This view is challenged by taste judgements, which have meaning, but seem to be neither true nor false.
Politics in Publishing
Politics in Publishing focuses on Japan’s involvement in shaping international copyright law over a seventy-year period following the country’s 1899 accession to the Berne Convention, the first multilateral copyright treaty. During this time, Japanese state officials collaborated with various stakeholders such as publishers, translators, and legal experts to strategically influence the international revision process of the treaty. The involvement of these actors in international organizations such as the League of Nations and the United Nations affected global copyright norms even as Japan advanced its imperial – national after 1945 – and capitalist interests. Taking a previously lac...
The Object of Copyright
Recent years have seen a number of pressing developments in copyright law: there has been an enormous increase in the range and type of work accorded protection; the concept of the ‘original work’ has entered into national copyright acts; and intangible entities are now entitled to protection by copyright. All these are consequences of legislative and technological developments that can be traced back over two centuries and more. the result. This book presents an interdisciplinary study of the growth of copyright law, largely based on archival research and on archival materials only recently made available online. The new history here articulated helps to explain why print is no longer t...
A Critical Introduction to Intellectual Property Law
This accessible and engaging introduction encourages readers to critically and independently evaluate the ownership of intangible goods.
Reconciling Copyright with Cumulative Creativity
Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. Giancarlo Frosio calls for the return of creativity to an inclusive process, so that the first (pre-modern imitative and collaborative model) and second (post-Romantic copyright model) creative paradigms can be reconciled into an emerging third paradigm which would be seen as a networked peer and user-based collaborative model.
