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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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The Idea of Authorship in Copyright (Hardcover, New edition)
Loot Price: R4,619
Discovery Miles 46 190
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The Idea of Authorship in Copyright (Hardcover, New edition)
Series: Applied Legal Philosophy
Expected to ship within 12 - 17 working days
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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.
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