- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9780804756433
- eISBN:
- 9780804773416
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804756433.003.0004
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the treatment accorded authors in foreign jurisdictions. In contrast to the United States, many countries maintain authors' rights protections that enable authors to safeguard ...
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This chapter explores the treatment accorded authors in foreign jurisdictions. In contrast to the United States, many countries maintain authors' rights protections that enable authors to safeguard the integrity of their texts far more readily than authors in this country. Thus, the United States is out of step with global norms by not recognizing more substantial authors' rights. Moreover, the Internet environment makes the United States' deficiency particularly problematic because violations of textual integrity can occur with unprecedented ease, and the results can be disseminated to countless recipients with the mere press of a key. Yet, these differences cannot be so easily remedied because certain cultural and legal differences preclude the wholesale adoption of another country's approach without careful consideration of its fit into our existing legal framework.Less
This chapter explores the treatment accorded authors in foreign jurisdictions. In contrast to the United States, many countries maintain authors' rights protections that enable authors to safeguard the integrity of their texts far more readily than authors in this country. Thus, the United States is out of step with global norms by not recognizing more substantial authors' rights. Moreover, the Internet environment makes the United States' deficiency particularly problematic because violations of textual integrity can occur with unprecedented ease, and the results can be disseminated to countless recipients with the mere press of a key. Yet, these differences cannot be so easily remedied because certain cultural and legal differences preclude the wholesale adoption of another country's approach without careful consideration of its fit into our existing legal framework.
- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9780804756433
- eISBN:
- 9780804773416
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804756433.003.0010
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter proposes how the law in the United States can be reformulated to incorporate measures manifesting a greater sensitivity to authors' needs in maintaining the integrity of their texts. The ...
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This chapter proposes how the law in the United States can be reformulated to incorporate measures manifesting a greater sensitivity to authors' needs in maintaining the integrity of their texts. The challenge is to formulate a set of reforms that will incorporate authorship morality through new measures designed to supplement, but not displace completely, the current legal system. This challenge is substantial but it can be accomplished. The key to crafting such reforms lies in paying greater attention to the intrinsic dimension of creativity and all of the forces motivating authorship rather than just those that are based on economic incentives.Less
This chapter proposes how the law in the United States can be reformulated to incorporate measures manifesting a greater sensitivity to authors' needs in maintaining the integrity of their texts. The challenge is to formulate a set of reforms that will incorporate authorship morality through new measures designed to supplement, but not displace completely, the current legal system. This challenge is substantial but it can be accomplished. The key to crafting such reforms lies in paying greater attention to the intrinsic dimension of creativity and all of the forces motivating authorship rather than just those that are based on economic incentives.
- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9780804756433
- eISBN:
- 9780804773416
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804756433.003.0007
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter discusses works of authorship that are not written by a single known author such as anonymous works, works written under a pseudonym, and works for hire under copyright law. If the ...
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This chapter discusses works of authorship that are not written by a single known author such as anonymous works, works written under a pseudonym, and works for hire under copyright law. If the purpose of providing enhanced textual integrity protection is to safeguard the author's message, it would seem as though the author's identity should be preserved and publicly known. Yet, it is not possible to access authorship identity for all types of works. The chapter also explores the complexities of maintaining textual integrity in the context of collaborative works, which are becoming increasingly prevalent.Less
This chapter discusses works of authorship that are not written by a single known author such as anonymous works, works written under a pseudonym, and works for hire under copyright law. If the purpose of providing enhanced textual integrity protection is to safeguard the author's message, it would seem as though the author's identity should be preserved and publicly known. Yet, it is not possible to access authorship identity for all types of works. The chapter also explores the complexities of maintaining textual integrity in the context of collaborative works, which are becoming increasingly prevalent.
Michael D Birnhack
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199661138
- eISBN:
- 9780191746147
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199661138.003.0005
- Subject:
- Law, Legal History, Intellectual Property, IT, and Media Law
This chapter traces the copyright legislative process in Palestine. A first piece of legislation was the little-known Ottoman Authors’ Rights Act 1910. When the British replaced the Ottomans, one of ...
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This chapter traces the copyright legislative process in Palestine. A first piece of legislation was the little-known Ottoman Authors’ Rights Act 1910. When the British replaced the Ottomans, one of their first enactments was the Copyright Ordinance 1920. The chapter queries their motivation in enacting copyright law at such an early stage, and provides several possible answers: it was a British imperial interest, intertwined with the international agenda; it fit the colonial mission of developing the country, and lastly, a personal motivation of the Attorney General, Norman Bentwich. The list does not include local demand: none existed at the time. The next legislative step was the British extension of the Imperial Copyright Act in 1924 and the local enactment of the Copyright Ordinance 1924. The chapter also discusses the late official publication of the 1911 Act, and the establishment of copyright relationship between Palestine and the United StatesLess
This chapter traces the copyright legislative process in Palestine. A first piece of legislation was the little-known Ottoman Authors’ Rights Act 1910. When the British replaced the Ottomans, one of their first enactments was the Copyright Ordinance 1920. The chapter queries their motivation in enacting copyright law at such an early stage, and provides several possible answers: it was a British imperial interest, intertwined with the international agenda; it fit the colonial mission of developing the country, and lastly, a personal motivation of the Attorney General, Norman Bentwich. The list does not include local demand: none existed at the time. The next legislative step was the British extension of the Imperial Copyright Act in 1924 and the local enactment of the Copyright Ordinance 1924. The chapter also discusses the late official publication of the 1911 Act, and the establishment of copyright relationship between Palestine and the United States
- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9780804756433
- eISBN:
- 9780804773416
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804756433.003.0003
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter discusses the legal structure governing authors' rights in the United States. It first traces the philosophical foundations of American copyright law and their relationship to the ...
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This chapter discusses the legal structure governing authors' rights in the United States. It first traces the philosophical foundations of American copyright law and their relationship to the relevant copyright doctrines. Specifically, it analyzes the traditional economic incentive paradigm and its impact on copyright law. It then provides an overview of moral rights, trademark and unfair competition, right of publicity, and other relevant common law doctrines. The chapter demonstrates the overall inadequacy of the current intellectual property legal framework with respect to safeguarding textual integrity.Less
This chapter discusses the legal structure governing authors' rights in the United States. It first traces the philosophical foundations of American copyright law and their relationship to the relevant copyright doctrines. Specifically, it analyzes the traditional economic incentive paradigm and its impact on copyright law. It then provides an overview of moral rights, trademark and unfair competition, right of publicity, and other relevant common law doctrines. The chapter demonstrates the overall inadequacy of the current intellectual property legal framework with respect to safeguarding textual integrity.
Roberta Rosenthal Kwall
- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9780804756433
- eISBN:
- 9780804773416
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804756433.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often ...
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In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations. On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, the book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.Less
In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations. On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, the book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.
Joanne Elizabeth Gray
- Published in print:
- 2020
- Published Online:
- March 2020
- ISBN:
- 9780190072070
- eISBN:
- 9780190072100
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190072070.003.0002
- Subject:
- Law, Intellectual Property, IT, and Media Law
In a political debate dominated by private industries, the public interest in copyright law is often obscured. But the copyright debate matters to us all. Copyright impacts our daily lives, our ...
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In a political debate dominated by private industries, the public interest in copyright law is often obscured. But the copyright debate matters to us all. Copyright impacts our daily lives, our cultural conditions, our experience of democracy, and the distribution of power in society. The conventional ideas and theories of copyright present copyright as a private property right. While these ideas and theories are not without merit, they are incomplete. They tend to narrow our understanding of copyright’s value and function and marginalize the public interest; and they fail to grapple with the full range of copyright stakeholders, the public in particular, but also stakeholders like Google who do not fit neatly into the private property orthodoxy.Less
In a political debate dominated by private industries, the public interest in copyright law is often obscured. But the copyright debate matters to us all. Copyright impacts our daily lives, our cultural conditions, our experience of democracy, and the distribution of power in society. The conventional ideas and theories of copyright present copyright as a private property right. While these ideas and theories are not without merit, they are incomplete. They tend to narrow our understanding of copyright’s value and function and marginalize the public interest; and they fail to grapple with the full range of copyright stakeholders, the public in particular, but also stakeholders like Google who do not fit neatly into the private property orthodoxy.
- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9780804756433
- eISBN:
- 9780804773416
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804756433.003.0008
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter addresses the issues implicated when the text in question is a public persona constructed by an individual rather than a more conventionally understood work of authorship. The issue ...
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This chapter addresses the issues implicated when the text in question is a public persona constructed by an individual rather than a more conventionally understood work of authorship. The issue regarding the application of moral rights to personas is not so much whether personas are sufficiently original, but rather whether personas should be considered works of authorship within the meaning of copyright law. Celebrities, as active participants in the construction of their personas, arguably can be regarded as “authors” and their personas as “works of authorship” for purposes of copyright law.Less
This chapter addresses the issues implicated when the text in question is a public persona constructed by an individual rather than a more conventionally understood work of authorship. The issue regarding the application of moral rights to personas is not so much whether personas are sufficiently original, but rather whether personas should be considered works of authorship within the meaning of copyright law. Celebrities, as active participants in the construction of their personas, arguably can be regarded as “authors” and their personas as “works of authorship” for purposes of copyright law.
Rachel Potter
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199680986
- eISBN:
- 9780191766008
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199680986.003.0007
- Subject:
- Literature, 20th-century Literature and Modernism, 20th-century and Contemporary Literature
Chapter Six turns again to intellectual history, specifically with reference to the effects of the migration of publishers and modernist writers away from the UK and US. Not only had many of the ...
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Chapter Six turns again to intellectual history, specifically with reference to the effects of the migration of publishers and modernist writers away from the UK and US. Not only had many of the books published by these Paris-based publishing houses been banned in the UK and US, the idea of being abandoned or cast out from the law was a powerful one in many modernist texts, such as in Joyce’s Finnegans Wake. Through the close analysis of one free speech organization, International P.E.N., the chapter argues that the idea that authorial rights should be a special kind of human right, but also that the human rights of exiles could be imagined in relation to banned books, were importantly discussed by writers and intellectuals in the 1920s and 1930s. The structure of this organization mirrored, to some extent, the censorship networks that sought to police the literary object.Less
Chapter Six turns again to intellectual history, specifically with reference to the effects of the migration of publishers and modernist writers away from the UK and US. Not only had many of the books published by these Paris-based publishing houses been banned in the UK and US, the idea of being abandoned or cast out from the law was a powerful one in many modernist texts, such as in Joyce’s Finnegans Wake. Through the close analysis of one free speech organization, International P.E.N., the chapter argues that the idea that authorial rights should be a special kind of human right, but also that the human rights of exiles could be imagined in relation to banned books, were importantly discussed by writers and intellectuals in the 1920s and 1930s. The structure of this organization mirrored, to some extent, the censorship networks that sought to police the literary object.
- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9780804756433
- eISBN:
- 9780804773416
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804756433.003.0002
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter develops the theory of the intrinsic dimension of creativity that is used throughout the remainder of this book. Drawing from psychological and theological sources, as well as personal ...
More
This chapter develops the theory of the intrinsic dimension of creativity that is used throughout the remainder of this book. Drawing from psychological and theological sources, as well as personal narratives of authors, it illustrates that authorship largely is the product of “inner labor”—an intrinsic process motivated by inspirational forces. The chapter examines the inspirational motivations that comprise the intrinsic dimension of creativity and addresses their relevance to authors' rights.Less
This chapter develops the theory of the intrinsic dimension of creativity that is used throughout the remainder of this book. Drawing from psychological and theological sources, as well as personal narratives of authors, it illustrates that authorship largely is the product of “inner labor”—an intrinsic process motivated by inspirational forces. The chapter examines the inspirational motivations that comprise the intrinsic dimension of creativity and addresses their relevance to authors' rights.
