Copyright and Piracy

An Interdisciplinary Critique

By: Lionel Bently (Editor), Jennifer Davis (Editor), Jane C. Ginsburg (Editor)

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Hardcover | 28 October 2010

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502 Pages

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22.86 x 15.24 x 2.69

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An understanding of the changing nature of the law and practice of copyright infringement is a task too big for lawyers alone; it requires additional inputs from economists, historians, technologists, sociologists, cultural theorists and criminologists. Where is the boundary to be drawn between illegal imitation and legal inspiration? Would the answer be different for creators, artists and experts from different disciplines or fields? How have concepts of copyright infringement altered over time and how do such changes relate, if at all, to the cultural norms operating amongst creators in different fields? With such an approach, one might perhaps begin to address the vital and overarching question of whether strong copyright laws, rigorously enforced, impede rather than promote creativity. And what can be done to avoid any such adverse consequences, while maintaining the effectiveness of copyright as an incentive-mechanism for those who need it?

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Non-Fiction Law Laws of Specific Jurisdictions Intellectual Property Law Copyright Law

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Non-Fiction Law Laws of Specific Jurisdictions Intellectual Property Law Copyright Law

Terms of Use
Notes on the contributors	p. viii
Editors' preface	p. xvii
Table of cases	p. xx
Table of statutes	p. xxv
Introduction	p. 1
Inspiration or infringement: the plagiarist in court	p. 3
History	p. 17
Nineteenth-century Anglo-US copyright relations: the language of piracy versus the moral high ground	p. 19
Language, practice, and history	p. 44
Comparative law	p. 53
The metamorphosis of contrefacon in French copyright law	p. 55
A common lawyer's perspective on contrefacon	p. 80
Economics	p. 91
Copyright infringement, 'free-riding' and the lifeworld	p. 93
Copyright and the limits of law-and-economics analysis	p. 128
Linguistics	p. 145
'Substantial similarity of expression' in copyright infringement actions: a linguistic perspective	p. 147
Refining notions of idea and expression through linguistic analysis	p. 194
Computer software	p. 207
Copyright, piracy and software	p. 209
Of plots, puddings and draught-excluders: the law as it applies to the infringement of computer programs	p. 230
Information studies	p. 245
Measuring text reuse in the news industry	p. 247
Reflections on measuring text reuse from a copyright law perspective	p. 260
Literature	p. 269
Unoriginal genius: plagiarism and the construction of 'Romantic' authorship	p. 271
The genius and the labourer: authorship in eighteenth-and nineteenth-century copyright law	p. 300
Art	p. 309
Piracy and authorship in contemporary art and the artistic commonwealth	p. 311
Copyright's imperfect republic and the artistic commonwealth	p. 340
Sociology/music	p. 355
Reggae open source: how the absence of copyright enabled the emergence of popular music in Jamaica	p. 357
'Free-riding on the riddim'? Open source, copyright law and reggae music in Jamaica	p. 374
Criminology	p. 387
Copyright infringement: a criminological perspective	p. 389
Towards a clearer understanding of the file-sharing phenomenon? Comments on a criminological perspective	p. 410
Bibliography	p. 421
Index	p. 449
Table of Contents provided by Ingram. All Rights Reserved.

Copyright and Piracy

An Interdisciplinary Critique

At a Glance

Hardcover

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How to return your order

Defective items

You Can Find This Book In

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