This book radically rethinks the philosophical basis of copyright in the arts. The author reflects on the ontology of art to argue that current copyright laws cannot be justified. The book begins by identifying two problems that result from current copyright laws: (1) creativity is restricted and (2) they primarily serve the interests of large corporations over those of the artists and general public. Against this background, the author presents an account of the ontology of artworks and explains what metaphysics can tell us about ownership in the arts. Next, he makes a moral argument that copyright terms should be shorter and that corporations should not own copyrights. The remaining chapters tackle questions regarding the appropriation of tokens of artworks, pattern types, and artistic elements. The result is a sweeping reinterpretation of copyright in the arts that rests on sound ontological and moral foundations. Radically Rethinking Copyright in the Arts will be of interest to scholars and advanced students working in aesthetics and philosophy of art, metaphysics, philosophy of law, and intellectual property law.
Table of Contents
1. The Problems and the Keys to Their Solutions
2. Ontology of Artworks
3. Copyright and its Limits
4. Token Appropriation
5. Pattern Appropriation
6. Appropriations of Artistic Elements
Conclusion and Summary of Recommendations
James O. Young, FRSC, is Professor of Philosophy at the University of Victoria. He is the author of several books including Art and Knowledge (2001), Cultural Appropriation and the Arts (2008) and Critique of Pure Music (2014).