The Idea of Authorship in Copyright: 1st Edition (Paperback) book cover

The Idea of Authorship in Copyright

1st Edition

By Lior Zemer

Routledge

288 pages

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Paperback: 9781138272354
pub: 2016-10-26
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Description

As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim.

Reviews

'This book…could set off a whole new debate to rethink copyright laws. The book will be fascinating reading for those open to diverse views on the subject of IPR…and is certain to invite its share of admiration and criticism.' Journal of Intellectual Property Rights

Table of Contents

Contents: Introduction; Conceptualising copyright; What copyright is; Authorial collectivity; Subjects of copyright and social construction; Lockean copyright re-imagined; Doctrinal payoffs: the public as a joint author; Conclusions: a blueprint for just copyright; Bibliography; Index.

About the Author

Lior Zemer is a lecturer in law at the Radzyner School of Law, Interdisciplinary Centre, Herzliya, Israel, and a Visiting Professor at Boston University School of Law.

About the Series

Applied Legal Philosophy

Applied Legal Philosophy
The principal objective of this series is to encourage the publication of books which adopt a theoretical approach to the study of particular areas or aspects of law, or deal with general theories of law in a way which is directed at issues of practical, moral and political concern in specific legal contexts. The general approach is both analytical and critical and relates to the socio-political background of law reform issues. This series includes studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions.

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Subject Categories

BISAC Subject Codes/Headings:
PHI005000
PHILOSOPHY / Ethics & Moral Philosophy