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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.
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.
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.
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.
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.
DIVAn ethnography of inellectual property, discussing the uses made of items of inellectual property by various cultural groups -- for purposes of identity, solidaritiy, resistance and so forth. /div
The nineteenth century witnessed a series of revolutions in the production and circulation of images. From lithographs and engraved reproductions of paintings to daguerreotypes, stereoscopic views, and mass-produced sculptures, works of visual art became available in a wider range of media than ever before. But the circulation and reproduction of artworks also raised new questions about the legal rights of painters, sculptors, engravers, photographers, architects, collectors, publishers, and subjects of representation (such as sitters in paintings or photographs). Copyright and patent laws tussled with informal cultural norms and business strategies as individuals and groups attempted to exert some degree of control over these visual creations. With contributions by art historians, legal scholars, historians of publishing, and specialists of painting, photography, sculpture, and graphic arts, this rich collection of essays explores the relationship between intellectual property laws and the cultural, economic, and technological factors that transformed the pictorial landscape during the nineteenth century. This book will be valuable reading for historians of art and visual culture; legal scholars who work on the history of copyright and patent law; and literary scholars and historians who work in the field of book history. It will also resonate with anyone interested in current debates about the circulation and control of images in our digital age.
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).
‘With clarity and sophistication, Antonios Broumas presents a bold new theory of intellectual commons and powerful arguments for a new body of supportive law. This book not only reveals the misleading logic of intellectual property law in our time; it reveals the rich possibilities for constructive change that legally protected commoning can bring. Highly recommended!’ — David Bollier, Director, Reinventing the Commons Program, Schumacher Center for a New Economics. ‘Liberating the Intellectual Commons from the fetters of capital accumulation and appropriation, would give us a renaissance of creative energies and empowered communities: exactly what the world needs to move away from the social and ecological devastations of our times. This book is a thoughtful and compelling argument for making this possible through the works of the law and the redesign of public domain as a common space.’ — Massimo De Angelis, Professor of Political Economy and Social Change, Co-director of the Centre for Social Justice and Change, University of East London. ‘In this pioneering book, Antonios Broumas argues that philosophically, morally, politically and economically we are in urgent need of a new legal regime that recognizes the intellectual commons, peer production and sharing as the primary practices of intellectual production, distribution and consumption. I cannot imagine a more urgent task today. A legally protected intellectual commons will lead to greater scientific and cultural innovation and creativity and will lead to an urgently needed second Enlightenment. This book should be read by lawyers, critical theorists, economists and the many professionals of science, culture and the academy.’ — Costas Douzinas, Professor of Law, Birkbeck, University of London. ‘Antonios Broumas’ book is an excellent critical analysis of the cultural commons and a must-read for everyone interested in understanding what the commons, the cultural commons, and the digital commons are all about. This work brilliantly outlines the foundations of an empirically grounded critical theory of the commons and the cultural commons in the context of the interactions of law and society.’ — Christian Fuchs, Professor of Media and Communication Studies, author of Communication and Capitalism: A Critical Theory (2020). ‘Broumas takes us on a spellbinding tour of how and why the law could and should change to accommodate the creative multitude, which engages into an emerging mode of production. He tells a vibrant story that makes us shout: “Lawmakers of the world, unite!”’ — Vasilis Kostakis, Professor of P2P Governance, Tallinn University of Technology, Faculty Associate at Harvard Law School. At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.
"Richard Schur offers a provocative view of contemporary African American cultural politics and the relationship between African American cultural production and intellectual property law." ---Mark Anthony Neal, Duke University "Whites used to own blacks. Now, they accomplish much the same thing by insisting that they 'own' ownership. Blacks shouldn't let them. A culture that makes all artists play by its rules will end up controlling new ideas and stifling change. Richard Schur's fine book explains why." ---Richard Delgado, Seattle University What is the relationship between hip-hop and African American culture in the post--Civil Rights era? Does hip-hop share a criticism of American culture or stand as an isolated and unique phenomenon? How have African American texts responded to the increasing role intellectual property law plays in regulating images, sounds, words, and logos? Parodies of Ownership examines how contemporary African American writers, artists, and musicians have developed an artistic form that Schur terms "hip-hop aesthetics." This book offers an in-depth examination of a wide range of contemporary African American painters and writers, including Anna Deavere Smith, Toni Morrison, Adrian Piper, Colson Whitehead, Michael Ray Charles, Alice Randall, and Fred Wilson. Their absence from conversations about African American culture has caused a misunderstanding about the nature of contemporary cultural issues and resulted in neglect of their innovative responses to the post--Civil Rights era. By considering their work as a cross-disciplinary and specifically African American cultural movement, Schur shows how a new paradigm for artistic creation has developed. Parodies of Ownership offers a broad analysis of post--Civil Rights era culture and provides the necessary context for understanding contemporary debates within American studies, African American studies, intellectual property law, African American literature, art history, and hip-hop studies. Weaving together law, literature, art, and music, Schur deftly clarifies the conceptual issues that unify contemporary African American culture, empowering this generation of artists, writers, and musicians to criticize how racism continues to affect our country. Richard L. Schur is Director, Interdisciplinary Studies Center, and Associate Professor of Interdisciplinary Studies at Drury University. Visit the author's website: http://www2.drury.edu/rschur/index.htm. Cover illustration: Atlas, by Fred Wilson. © Fred Wilson, courtesy Pace Wildenstein, New York.