Copyright Law: Volume III: Copyright in the 21st Century, 1st Edition (Hardback) book cover

Copyright Law

Volume III: Copyright in the 21st Century, 1st Edition

By Benedict Atkinson

Edited by Brian Fitzgerald

Routledge

636 pages

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Description

This volume shows how, since 1950, the growth of copyright regulation has followed, and enabled, the extraordinary economic growth of the entertainment, broadcasting, software and communications industries. It reproduces articles written by an extensive list of leading thinkers. US scholars represented in readings include James Boyle, Lawrence Lessig, Pamela Samuelson, Mark Lemley, Alfred Yen, Julie Cohen, Peter Jaszi and Eben Moglen. Leading non-US contributors include Alan Story, Brian Fitzgerald and Peter Drahos. These and other authors explain copyright origins, the development of the law, the theory of enclosure, international trends, recent developments, and current and future directions. Today, the copyright system is often portrayed as an engine of growth, and effective regulation as a predictor of economic development. However, critics see dangers in the expansion of intellectual property rights. The articles in this volume focus principally on the digital age, examining how copyright regulation is likely to affect goals of dissemination and access.

Table of Contents

Contents: Introduction: development of copyright law after 1950; Part I International Developments: Burn Berne: why the leading international copyright convention must be repealed, Alan Story; Global law reform and rent-seeking: the case of intellectual property, Peter Drahos. Part II Enclosure: The second enclosure movement and the construction of the public domain, James Boyle; 'Culture wars': getting to peace, Lawrence Lessig. Part III Key Directions: Software as discourse: the power of intellectual property in digital architecture, Brian F. Fitzgerald; Fair use as innovation policy, Fred von Lohmann; The creative destruction of copyright: Napster and the new economics of digital technology, Raymond Shih Ray Ku; A First Amendment perspective on the construction of 3rd-party copyright liability, Alfred C. Yen; Rationalizing internet safe harbors, Mark A. Lemley; This town ain't big enough for the both of us - or is it? Reflections on copyright, the First Amendment and Google's use of others' content, David Kohler; The creative commons, Lawrence Lessig; Rethinking copyright: property through the lenses of unjust enrichment and unfair competition, Shyamkrishna Balganesh; Enabling open access to public sector information with creative commons licences: the Australian experience, Anne Fitzgerald, Neale Hooper and Brian Fitzgerald. Part IV Copyright, Culture and Meaning: Is there such a thing as postmodern copyright?, Peter Jaszi; Pirates, parasites, reapers, sowers, fruits, foxes… the metaphors of intellectual property, Patricia Loughlan; Copyright as myth, Jessica Litman; Creativity and culture in copyright theory, Julie E. Cohen. Part V Thinking of the Future: Preliminary thoughts on copyright reform, Pamela Samuelson; The dotCommunist Manifesto, Eben Moglen; A politics of intellectual property: environmentalism for the net?, James Boyle; Universal access to information, Hal R. Varian; Name index.

About the Author/Editor

Benedict Atkinson is Research Fellow at the Centre of Excellence for Creative Industries and Innovation, Queensland University of Technology, Australia and Brian Fitzgerald is Professor of Intellectual Property and Innovation, School of Law, Queensland University of Technology, Australia.

About the Series

The Library of Essays on Copyright Law

The Library of Essays on Copyright Law
This series examines how the law of copyright developed as an instrument of political control and individual expression. The first volume discusses how proprietary notions increasingly dominated copyright legal principles, with consequences for information dissemination in modern times. It covers the period to 1850, and begins with extracts from Roman law and early Christian and medieval teaching on ownership. The second volume reproduces writings of figures as diverse as Karl Marx, Victor Hugo, Charles Dickens and Mark Twain, and bodies such as the US Congress. Extracted material charts the development of an international system of copyright regulation, and the growth, in the 20th century, of copyright industries benefitting from new copyright laws. The third and final volume shows how, since 1950, the growth of copyright regulation has followed, and enabled, the extraordinary economic growth of the entertainment, broadcasting, software and communications industries. The articles focus principally on the digital age, examining how copyright regulation is likely to affect goals of dissemination and access.

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Subject Categories

BISAC Subject Codes/Headings:
LAW050010
LAW / Intellectual Property / Copyright