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Copyright and Piracy : An Interdisciplinary Critique - Lionel Bently

Copyright and Piracy

An Interdisciplinary Critique

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

Hardcover

Published: 28th October 2010
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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?

Terms of Use
Notes on the contributorsp. viii
Editors' prefacep. xvii
Table of casesp. xx
Table of statutesp. xxv
Introductionp. 1
Inspiration or infringement: the plagiarist in courtp. 3
Historyp. 17
Nineteenth-century Anglo-US copyright relations: the language of piracy versus the moral high groundp. 19
Language, practice, and historyp. 44
Comparative lawp. 53
The metamorphosis of contrefacon in French copyright lawp. 55
A common lawyer's perspective on contrefaconp. 80
Economicsp. 91
Copyright infringement, 'free-riding' and the lifeworldp. 93
Copyright and the limits of law-and-economics analysisp. 128
Linguisticsp. 145
'Substantial similarity of expression' in copyright infringement actions: a linguistic perspectivep. 147
Refining notions of idea and expression through linguistic analysisp. 194
Computer softwarep. 207
Copyright, piracy and softwarep. 209
Of plots, puddings and draught-excluders: the law as it applies to the infringement of computer programsp. 230
Information studiesp. 245
Measuring text reuse in the news industryp. 247
Reflections on measuring text reuse from a copyright law perspectivep. 260
Literaturep. 269
Unoriginal genius: plagiarism and the construction of 'Romantic' authorshipp. 271
The genius and the labourer: authorship in eighteenth-and nineteenth-century copyright lawp. 300
Artp. 309
Piracy and authorship in contemporary art and the artistic commonwealthp. 311
Copyright's imperfect republic and the artistic commonwealthp. 340
Sociology/musicp. 355
Reggae open source: how the absence of copyright enabled the emergence of popular music in Jamaicap. 357
'Free-riding on the riddim'? Open source, copyright law and reggae music in Jamaicap. 374
Criminologyp. 387
Copyright infringement: a criminological perspectivep. 389
Towards a clearer understanding of the file-sharing phenomenon? Comments on a criminological perspectivep. 410
Bibliographyp. 421
Indexp. 449
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521193436
ISBN-10: 0521193435
Series: Cambridge Intellectual Property and Information Law
Audience: Tertiary; University or College
Format: Hardcover
Language: English
Number Of Pages: 502
Published: 28th October 2010
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.8 x 15.2  x 2.7
Weight (kg): 0.91