In this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity. Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a vibrant, participatory culture. Through a critical examination of the doctrines of originality and fair dealing, as well as the relationship between copyright and freedom of expression, she explores how this relational theory of copyright law could further the public purposes of the copyright system and the social values it embodies. This unique and insightful study will be of great interest to students and scholars of intellectual property, communications, cultural studies, feminist theory and the arts and humanities.

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.

How was modernism shaped, from its beginning, by intellectual property law? What role did the law's imperial and transatlantic asymmetries play in modernism's dissemination? How did various modernists exploit, reform, anoint, and evade copyright? And how is the study of modernism today being affected by expanding copyright regimes?Modernism and Copyright is the first book to take up these questions. A truly multi-disciplinary study, it brings together essays by scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin films, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works such as these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law.

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.

In recent years we have witnessed a rising tension between the open architecture of the Internet and legal restrictions for online activities. The impact of digital recording technologies and distributed file sharing systems has forever changed the expectations of everyday users with regard to digital information. At the same time, however, U.S. Copyright Law has shown a decided trend toward more restrictions over what we are able to do with digital materials. As a result, a gap has emerged between the reality of copyright law and the social reality of our everyday activities. Through an analysis of the competing rhetorical frameworks about copyright regulation in a digital age, this book shows how the stories told by active parties in the debate shape our cultural understanding of what is and is not acceptable in the use of copyrighted works on digital networks. Reyman posits recent legal developments as sites of conflict between competing value systems in our culture: one of control, relying heavily on comparisons of intellectual property to physical property, and emphasizing ownership, theft, and piracy, and the other a value of community, implementing new concepts such as that of an intellectual "commons," and emphasizing exchange, collaboration, and responsibility to a public good.

A novel attempt to make sense of our preoccupation with copies of all kinds—from counterfeits to instant replay, from parrots to photocopies. The Culture of the Copy is a novel attempt to make sense of the Western fascination with replicas, duplicates, and twins. In a work that is breathtaking in its synthetic and critical achievements, Hillel Schwartz charts the repercussions of our entanglement with copies of all kinds, whose presence alternately sustains and overwhelms us. This updated edition takes notice of recent shifts in thought with regard to such issues as biological cloning, conjoined twins, copyright, digital reproduction, and multiple personality disorder. At once abbreviated and refined, it will be of interest to anyone concerned with problems of authenticity, identity, and originality. Through intriguing, and at times humorous, historical analysis and case studies in contemporary culture, Schwartz investigates a stunning array of simulacra: counterfeits, decoys, mannequins, and portraits; ditto marks, genetic cloning, war games, and camouflage; instant replays, digital imaging, parrots, and photocopies; wax museums, apes, and art forgeries—not to mention the very notion of the Real McCoy. Working through a range of theories on biological, mechanical, and electronic reproduction, Schwartz questions the modern esteem for authenticity and uniqueness. The Culture of the Copy shows how the ethical dilemmas central to so many fields of endeavor have become inseparable from our pursuit of copies—of the natural world, of our own creations, indeed of our very selves. The book is an innovative blend of microsociology, cultural history, and philosophical reflection, of interest to anyone concerned with problems of authenticity, identity, and originality. Praise for the first edition “[T]he author... brings his considerable synthetic powers to bear on our uneasy preoccupation with doubles, likenesses, facsimiles, replicas and re-enactments. I doubt that these cultural phenomena have ever been more comprehensively or more creatively chronicled.... [A] book that gets you to see the world anew, again.” —The New York Times “A sprightly and disconcerting piece of cultural history” —Terence Hawkes, London Review of Books “In The Culture of the Copy, [Schwartz] has written the perfect book: original and repetitive at once.” —Todd Gitlin, Los Angeles Times Book Review

Beginning with Thomas Edison's aggressive copyright disputes and concluding with recent lawsuits against YouTube, Hollywood's Copyright Wars follows the struggle of the film, television, and digital media industries to influence and adapt to copyright law. Though much of Hollywood's engagement with the law occurs offstage, in the larger theater of copyright, many of Hollywood's most valued treasures, from Modern Times (1936) to Star Wars (1977), cannot be fully understood without appreciating their legal controversies. Peter Decherney shows that the history of intellectual property in Hollywood has not always mirrored the evolution of the law and recounts these extralegal solutions and their impact on American media and culture.