Copyright, Communication and Culture: Towards a Relational Theory of Copyright Law
Edward Elgar Publishing, 2011 - 272 Seiten
In this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity. Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a vibrant, participatory culture. Through a critical examination of the doctrines of originality and fair dealing, as well as the relationship between copyright and freedom of expression, she explores how this relational theory of copyright law could further the public purposes of the copyright system and the social values it embodies. This unique and insightful study will be of great interest to students and scholars of intellectual property, communications, cultural studies, feminist theory and the arts and humanities.
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PART I Copyright and cultural creativity in context
The underlying philosophy of the copyright model
Feminist theory and the relational author
Locke labour and limiting the authors right
4 Against a Lockean approach to copyright
The authors right and the public interest
activity approach appropriate argued author’s right autonomy balance Canada Canadian Copyright Law Canadian courts CCH SCC challenge cited communication communitarian constitutional context copy Copyright Act copyright infringement copyright interest copyright owners copyright protection copyright system copyright theory creation critical critique defendant’s defined deontological dialogic discourse DMCA entitlement fair dealing defence fair dealing provisions Feist Feminism Feminist Theory free expression free speech freedom of expression goals Ibid ideas individual individualised intellectual property interpretation Irwin Toy Justice justify labour liberal limits literary Locke’s Lockean theory meaning Michelin natural rights Nedelsky normative notion one’s Pamela Samuelson parody plaintiff’s political private property production property rights proprietary public interest purposes of copyright re-imagination recognise regarded relationship requires restrictive role Romantic scope section 2(b skill and judgment social society Supreme Court T]he Tele-Direct Théberge theory of copyright Thomson Corp tion TPMs University Press users