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This book analyses animal creativity in order to unsettle the dominant assumptions that underpin current ideas of authorship and ownership in intellectual property. Drawing upon theories of animal behaviour and cognitive ethology, the book exposes and disrupts the anthropocentrism that informs prevailing assumptions about creativity, intentionality, and authorship within the field of intellectual property, towards a new theory of authorship and personhood through play and the playful. Moving on to challenge the invocation of a more general human-nonhuman distinction in this context, the book also engages the challenge to this distinction posed by artificial intelligence. Incorporating critical animal studies, behavioural science, ethology, critical legal studies, and legal philosophy, the book presents a new idea of creativity, which undermines the kind of rivalrous models now common in the field of intellectual property. This book will be of considerable interest to those studying and teaching in the area of intellectual property, as well as in animal law. It will also appeal to legal theorists and others working in the social sciences in the areas of posthumanism and animal studies.
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.
Report ... addresses the far-reaching impact that digital technologies, the Internet in particular, have had on intellectual property (IP) and the international IP system.
We all create intellectual property. We all use intellectual property. Intellectual property is the most pervasive yet least understood way we regulate expression. Despite its importance to so many aspects of the global economy and daily life, intellectual property policy remains a confusing and arcane subject. This engaging book clarifies both the basic terms and the major conflicts surrounding these fascinating areas of law, offering a layman's introduction to copyright, patents, trademarks, and other forms of knowledge falling under the purview of intellectual property rights. Using vivid examples, noted media expert Siva Vaidhyanathan illustrates the powers and limits of intellectual property, distilling with grace and wit the complex tangle of laws, policies, and values governing the dissemination of ideas, expressions, inventions, creativity, and data collection in the modern world. Vaidhyanathan explains that intellectual property exists as it does because powerful interests want it to exist. The strongest economies in the world have a keen interest in embedding rigid methods of control and enforcement over emerging economies to preserve the huge economic interests linked to their copyright industries-film, music, software, and publishing. For this reason, the fight over the global standardization of intellectual property has become one of the most important sites of tension in North-South global relations. Through compelling case studies, including those of Starbucks, Coca-Cola, Sony, Amazon, and Google Books, Vaidhyanathan shows that the modern intellectual property systems reflect three centuries of changes in politics, economics, technologies, and social values. Although it emerged from a desire to foster creativity while simultaneously protecting it, intellectual property today has fundamentally shifted to a political dimension.
It is essential for a corporation to not only survive but thrive in today's global outsourcing environment. The Insider's Guide to Outsourcing Risks and Rewards is a comprehensive and accessible resource that assists an organization in deciding whether it will benefit from pursuing-or not pursuing-such an endeavor. The author, an 18-year ve
Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents—who emphasize the importance of providing incentives for producers of creative works— from skeptics who emphasize the need for free and open access to knowledge. In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges’ vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits. Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and—when subject to fair limits—these rights are an indispensable part of a well-functioning society.
This is the 17th Annual volume in the series collecting the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyse the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, makes a valuable and lasting contribution to the discourse in IP law, as well as trade and competition law. The contents, while always informative, are also critical and questioning of new developments and policy concerns. Praise for the series: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." The Honourable Mr Justice Laddie, Royal Courts of Justice, London "Faculty for this conference are always well-known 'names', well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.
“Corporate purpose” has become a battleground for stakeholders’ competing desires. Some argue that corporations must simply generate profit; others suggest that we must make them create social change. Leading organization studies scholar Timothy Kuhn argues that this “either-or” thinking dramatically oversimplifies matters: today’s corporations must be many things, all at once. Kuhn offers a bold new Communicative Theory of the Firm to highlight the authority that creates corporations’ identities and activities. The theory provides a roadmap for navigating that battleground of competing desires to produce more responsive corporations. Drawing on communicative and new materialist theorizing, along with three insightful case studies, this book thoroughly redefines our understandings of what corporations are “for.”