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The Cultural Production of Intellectual Property Rights

The Cultural Production of Intellectual Property Rights PDF Author: Sean K. Johnson Andrews
Publisher:
ISBN: 9781109266986
Category : Intellectual property
Languages : en
Pages : 450

Book Description
The argument of this dissertation is that the debate over intellectual property rights (IPR) exposes the underlying reified culture of property that pervades western capitalist societies. This culture rests on the Natural Law ideology of Locke and his defense of the liberal state. In large part the participants in the debate around IPR have presumed that the stakes are only over the way this reified culture is extended to "intangible" products. I contend that it is truly over a longstanding process of commodification, primitive accumulation, and the division of labor into mental and manual capacities which are all different dimensions of this "reified culture of property." These are the indispensable characteristics of the "purely economic" state that is necessary to produce subjects adhering to the classic ideal of Liberal culture. IPR appears a conjunctural concern, in relation to digitization and globalization, but these are just catalysts which produce points of conflict over a more fundamental theory of value and property. Therefore the expansion of the scope and scale of IPR is less about IPR than about the continued health of global capitalism and the reified culture of property itself. (p. VI).

The Cultural Production of Intellectual Property Rights

The Cultural Production of Intellectual Property Rights PDF Author: Sean K. Johnson Andrews
Publisher:
ISBN: 9781109266986
Category : Intellectual property
Languages : en
Pages : 450

Book Description
The argument of this dissertation is that the debate over intellectual property rights (IPR) exposes the underlying reified culture of property that pervades western capitalist societies. This culture rests on the Natural Law ideology of Locke and his defense of the liberal state. In large part the participants in the debate around IPR have presumed that the stakes are only over the way this reified culture is extended to "intangible" products. I contend that it is truly over a longstanding process of commodification, primitive accumulation, and the division of labor into mental and manual capacities which are all different dimensions of this "reified culture of property." These are the indispensable characteristics of the "purely economic" state that is necessary to produce subjects adhering to the classic ideal of Liberal culture. IPR appears a conjunctural concern, in relation to digitization and globalization, but these are just catalysts which produce points of conflict over a more fundamental theory of value and property. Therefore the expansion of the scope and scale of IPR is less about IPR than about the continued health of global capitalism and the reified culture of property itself. (p. VI).

The Cultural Production of Intellectual Property Rights

The Cultural Production of Intellectual Property Rights PDF Author: Sean Johnson Andrews
Publisher: Temple University Press
ISBN: 143991429X
Category : Law
Languages : en
Pages : 275

Book Description
This book looks at questions of intellectual property rights (IPR) -- historically, culturally, and politically -- and their relationship to law and the state. Arguing that the idea that intellectual property is another kind of property right (that is, that IP is a thing to be owned) exists in parallel with the idea that intellectual property is the consequence of a cultural process, Andrews discusses intellectual property rights within the context of cultural studies, treating them as an object through which intersecting cultural and political issues can be understood.?

Making and Unmaking Intellectual Property

Making and Unmaking Intellectual Property PDF Author: Mario Biagioli
Publisher: University of Chicago Press
ISBN: 022617249X
Category : Law
Languages : en
Pages : 476

Book Description
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.

Owning Culture

Owning Culture PDF Author: Kembrew McLeod
Publisher: Peter Lang Incorporated, International Academic Publishers
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 304

Book Description
Owning Culture demonstrates how intellectual property law has expanded to allow for private ownership of a remarkable array of things, from the patenting of human genes linked to breast cancer to the trademarking of the phrases «home style» and «freedom of ownership.» This book examines diverse areas of contemporary life affected by intellectual property law, including sampling practices in hip-hop music, the appropriation of Third World indigenous knowledge about the medical uses of plants, the effects of seed patenting on farming, and the impact of copyright law on folk music-making. By placing under scrutiny the individualistic, Western conception of the «author» that grounds intellectual property law, Kembrew McLeod shows how borrowing practices have been - and continue to be - central to cultural production. Additionally, this book highlights how intellectual property law facilitates the privatization of culture and the transfer of power into the hands of wealthy individuals and corporations. Clearly written, thoughtful, and thought provoking, Owning Culture provides an innovative approach to the study of culture and law.

Intellectual and Cultural Property

Intellectual and Cultural Property PDF Author: Fiona Macmillan
Publisher: Routledge
ISBN: 0429759223
Category : Art
Languages : en
Pages : 218

Book Description
This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.

From Goods to a Good Life

From Goods to a Good Life PDF Author: Madhavi Sunder
Publisher: Yale University Press
ISBN: 030014671X
Category : Law
Languages : en
Pages : 274

Book Description
A law professor draws from social and cultural theory to defend her idea that that intellectual property law affects the ability of citizens to live a good life and prohibits people from making and sharing culture.

Copyrights and Copywrongs

Copyrights and Copywrongs PDF Author: Siva Vaidhyanathan
Publisher: NYU Press
ISBN: 9780814788073
Category : History
Languages : en
Pages : 276

Book Description
In this text, the author tracks the history of American copyright law through the 20th century, from Mark Twain's exhortations for 'thick' copyright protection, to recent lawsuits regarding sampling in rap music and the 'digital moment', exemplified by the rise of Napster and MP3 technology.

The Rhetoric of Intellectual Property

The Rhetoric of Intellectual Property PDF Author: Jessica Reyman
Publisher: Routledge
ISBN: 1135160554
Category : Language Arts & Disciplines
Languages : en
Pages : 345

Book Description
In recent years we have witnessed a rising tension between the open architecture of the Internet and legal restrictions for online activities. The impact of digital recording technologies and distributed file sharing systems has forever changed the expectations of everyday users with regard to digital information. At the same time, however, U.S. Copyright Law has shown a decided trend toward more restrictions over what we are able to do with digital materials. As a result, a gap has emerged between the reality of copyright law and the social reality of our everyday activities. Through an analysis of the competing rhetorical frameworks about copyright regulation in a digital age, this book shows how the stories told by active parties in the debate shape our cultural understanding of what is and is not acceptable in the use of copyrighted works on digital networks. Reyman posits recent legal developments as sites of conflict between competing value systems in our culture: one of control, relying heavily on comparisons of intellectual property to physical property, and emphasizing ownership, theft, and piracy, and the other a value of community, implementing new concepts such as that of an intellectual "commons," and emphasizing exchange, collaboration, and responsibility to a public good.

The Cultural Life of Intellectual Properties

The Cultural Life of Intellectual Properties PDF Author: Rosemary J. Coombe
Publisher: Duke University Press
ISBN: 0822382490
Category : Law
Languages : en
Pages : 480

Book Description
Logos, trademarks, national insignia, brand names, celebrity images, design patents, and advertising texts are vibrant signs in a consumer culture governed by a regime of intellectual property laws. In The Cultural Life of Intellectual Properties, professor of law and cultural anthropologist Rosemary J. Coombe brings an illuminating ethnographic approach to an analysis of authorship and the role law plays in shaping the various meanings that animate these protected properties in the public sphere. Although such artifacts are ubiquitous in contemporary culture, little attention has been paid to the impact of intellectual property law in everyday life or to how ownership of specific intellectual properties is determined and exercised. Drawing on a wide range of cases, disputes, and local struggles, Coombe examines these issues and dismantles the legal assumption that the meaning and value of a text or image is produced exclusively by an individual author or that authorship has a single point of origin. In the process, she examines controversies that include the service of turbanned Sikhs in the Royal Canadian Mounted Police and the use of the term Olympic in reference to the proposed gay Olympic Games. Other chapters discuss the appropriation of such celebrity images as the Marx brothers, Judy Garland, Dolly Parton, James Dean, and Luke Skywalker; the conflict over team names such as the Washington Redskins; and the opposition of indigenous peoples to stereotypical Native American insignia proffered by the entertainment industry. Ultimately, she makes a case for redefining the political in commodified cultural environments. Significant for its insights into the political significance of current intellectual property law, this book also provides new perspectives on debates in cultural anthropology, cultural studies, and political theory. It will therefore interest both a wide scholarly and a general audience.

The Copyright Thing Doesn't Work Here

The Copyright Thing Doesn't Work Here PDF Author: Boatema Boateng
Publisher: U of Minnesota Press
ISBN: 0816670021
Category : Law
Languages : en
Pages : 233

Book Description
The intersection of Western intellectual property law and traditional knowledge in Africa.