Copyright and Creativity discusses the making of property out of
creative works through the legal mechanism of copyright. It shows
the manner in which the law translates a great variety of
expressions of the human mind into its normative system and
transforms them into the property right of copyright or droit d
auteur. This timely book examines the proprietary features of
copyright, the inherent limitations of its powers, and its
justification and relationship to the non-proprietary realm of the
public domain. The latter part of the book deals with the
'propertisation/commodification' of human authors themselves
through their works as alienable objects of property, the
well-known 'Romantic author' critique as a sophisticated
justification of that commodification, and at an international
level, neo-feudal and neo-colonial developments as a result of this
process. This detailed study will appeal to undergraduate and
postgraduate students, legal sociologists, and specialists in
copyright, property theory, or legal theory and political
philosophy with particular interest in property theory.
Practitioners within bodies involved in legal policy, organizations
concerned with law reform, European institutions, and international
organizations will also find much to interest them in this book.
Contents: Preface; 1. Copyright as Property; 2. Copyright-Property
and the Public Domain:Explanations and Justifications; 3. The
Limitations to the Powers of Copyright Ownership; 4. The
Attribution and Allocation of Copyright-Property: Authorship,
Creativity and Ownership; 5. The Effects of Copyright-Property I:
The Problem of Alienation; 6. The Effects of Copyright-Property II:
Neo-Feudal and Neo-Colonial Features of International Copyright
Protection; Conclusions; Index
General
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