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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?
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?
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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