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after 1950; Part I International Developments: Burn Berne: why the leading international copyright convention must be repealed, Alan Story; Global law reform and rent-seeking: the case of intellectual property, Peter Drahos.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.
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.