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When first written into the Constitution, intellectual property
aimed to facilitate "progress of science and the useful arts" by
granting rights to authors and inventors. Today, when rapid
technological evolution accompanies growing wealth inequality and
political and social divisiveness, the constitutional goal of
"progress" may pertain to more basic, human values, redirecting
IP's emphasis to the commonweal instead of private interests.
Against Progress considers contemporary debates about intellectual
property law as concerning the relationship between the
constitutional mandate of progress and fundamental values, such as
equality, privacy, and distributive justice, that are increasingly
challenged in today's internet age. Following a legal analysis of
various intellectual property court cases, Jessica Silbey examines
the experiences of everyday creators and innovators navigating
ownership, sharing, and sustainability within the internet
eco-system and current IP laws. Crucially, the book encourages
refiguring the substance of "progress" and the function of
intellectual property in terms that demonstrate the urgency of art
and science to social justice today.
When first written into the Constitution, intellectual property
aimed to facilitate "progress of science and the useful arts" by
granting rights to authors and inventors. Today, when rapid
technological evolution accompanies growing wealth inequality and
political and social divisiveness, the constitutional goal of
"progress" may pertain to more basic, human values, redirecting
IP's emphasis to the commonweal instead of private interests.
Against Progress considers contemporary debates about intellectual
property law as concerning the relationship between the
constitutional mandate of progress and fundamental values, such as
equality, privacy, and distributive justice, that are increasingly
challenged in today's internet age. Following a legal analysis of
various intellectual property court cases, Jessica Silbey examines
the experiences of everyday creators and innovators navigating
ownership, sharing, and sustainability within the internet
eco-system and current IP laws. Crucially, the book encourages
refiguring the substance of "progress" and the function of
intellectual property in terms that demonstrate the urgency of art
and science to social justice today.
Are innovation and creativity helped or hindered by our
intellectual property laws? In the two hundred plus years since the
Constitution enshrined protections for those who create and
innovate, we're still debating the merits of IP laws and whether or
not they actually work as intended. Artists, scientists,
businesses, and the lawyers who serve them, as well as the
Americans who benefit from their creations all still wonder: what
facilitates innovation and creativity in our digital age? And what
role, if any, do our intellectual property laws play in the growth
of innovation and creativity in the United States?
Incentivizing the "progress of science and the useful arts" has
been the goal of intellectual property law since our constitutional
beginnings. "The Eureka Myth" cuts through the current debates and
goes straight to the source: the artists and innovators themselves.
Silbey makes sense of the intersections between intellectual
property law and creative and innovative activity by centering on
the stories told by artists, scientists, their employers, lawyers
and managers, describing how and why they create and innovate and
whether or how IP law plays a role in their activities. Their
employers, business partners, managers, and lawyers also describe
their role in facilitating the creative and innovative work.
Silbey's connections and distinctions made between the stories and
statutes serve to inform present and future innovative and creative
communities.
Breaking new ground in its examination of the U.S. economy and
cultural identity, "The Eureka Myth" draws out new and surprising
conclusions about the sometimes misinterpreted relationships
between creativity and intellectual property protections.
Are innovation and creativity helped or hindered by our
intellectual property laws? In the two hundred plus years since the
Constitution enshrined protections for those who create and
innovate, we're still debating the merits of IP laws and whether or
not they actually work as intended. Artists, scientists,
businesses, and the lawyers who serve them, as well as the
Americans who benefit from their creations all still wonder: what
facilitates innovation and creativity in our digital age? And what
role, if any, do our intellectual property laws play in the growth
of innovation and creativity in the United States?
Incentivizing the "progress of science and the useful arts" has
been the goal of intellectual property law since our constitutional
beginnings. "The Eureka Myth" cuts through the current debates and
goes straight to the source: the artists and innovators themselves.
Silbey makes sense of the intersections between intellectual
property law and creative and innovative activity by centering on
the stories told by artists, scientists, their employers, lawyers
and managers, describing how and why they create and innovate and
whether or how IP law plays a role in their activities. Their
employers, business partners, managers, and lawyers also describe
their role in facilitating the creative and innovative work.
Silbey's connections and distinctions made between the stories and
statutes serve to inform present and future innovative and creative
communities.
Breaking new ground in its examination of the U.S. economy and
cultural identity, "The Eureka Myth" draws out new and surprising
conclusions about the sometimes misinterpreted relationships
between creativity and intellectual property protections.
Law and Justice on the Small Screen is a wide-ranging collection of
essays about law in and on television. In light of the book's
innovative taxonomy of the field and its international reach, it
makes a novel contribution to the scholarly literature about law
and popular culture. Television shows from the US, Canada, France,
the UK, Germany, and Spain are discussed. The essays are organized
into three sections: (1) methodological questions regarding the
analysis of law and popular culture on television, (2) a focus on
genre studies within television programming (including a subsection
on reality television), and (3) content analysis of individual
television shows with attention to big-picture jurisprudential
questions of law's efficacy and the promise of justice. The book's
content is organized to make it appropriate for undergraduate and
graduate classes in the following areas: media studies, law and
culture, socio-legal studies, comparative law, jurisprudence, the
law of lawyering, alternative dispute resolution, and criminal law.
***"This is an important book for legal academics, students and
practitioners who wish to explore the diverse impacts and
'meanings' of TV portrayals of legal matters in our society. More
than that, the volume provides excellent teaching and learning
material, raising many jurisprudential issues in the context of
narratives discussed by the authors..." - Alternative Law Journal,
Law & Culture, 2013, Vol. 38(1)
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