Description
An inquiry into copyright infringement, from perspectives including law, literature, history, economics, music, and modern art.
Alongside that of lawyers, an understanding of the changing nature of copyright infringement requires the inputs of economists, historians, technologists, sociologists, cultural theorists and criminologists. In this examination of the topic, specialists in such disciplines offer their appraisals, and a lawyer provides a commentary on each.
Alongside that of lawyers, an understanding of the changing nature of copyright infringement requires the inputs of economists, historians, technologists, sociologists, cultural theorists and criminologists. In this examination of the topic, specialists in such disciplines offer their appraisals, and a lawyer provides a commentary on each.
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?
Part I. Introduction: 1. Inspiration or infringement: the plagiarist in court Isabella Alexander; Part II. History: 2. Nineteenth-century Anglo-US copyright relations: the language of piracy versus the moral high ground Catherine Seville; 3. Language, practice and history Adrian Johns; Part III. Comparative Law: 4. The metamorphosis of contrefaçon in French copyright law David Lefranc (translated by Sebastien Oddos); 5. A common lawyer's perspective on contrefaçon Jane Ginsburg; Part IV. Economics: 6. Copyright infringement, 'free-riding' and the lifeworld Anne Barron; 7. Copyright and the limits of law-and-economics analysis Jonathan Aldred; Part V. Linguistics: 8. 'Substantial similarity of expression' in copyright infringement actions: a linguistic perspective Alan Durant; 9. Refining notions of idea and expression through linguistic analysis Graeme B. Dinwoodie; Part VI. Computer Software: 10. Copyright, piracy and software Jon Crowcroft; 11. Of plots, puddings and draught-excluders: the law as it applies to the infringement of computer programs Jennifer Davis; Part VII. Information Studies: 12. Measuring text re-use in the news industry Paul Clough; 13. Reflections on measuring text re-use from a copyright law perspective Tanya Aplin; Part VIII. Literature: 14. Unoriginal genius: plagiarism and the construction of 'romantic' authorship Nick Groom; 15. The genius and the labourer: authorship in eighteenth- and nineteenth-century copyright law Isabella Alexander; Part IX. Art: 16. Piracy and authorship in contemporary art and the artistic commonwealth Daniel Mcclean; 17. Copyright's imperfect republic and the artistic commonwealth Jonathan Griffiths; Part X. Sociology and Music: 18. Reggae open s
Chapter
2 Nineteenth-century Anglo–US copyright relations: the language of piracy versus the moral high ground
American copyright legislation: overview and context
‘Piracy’ as a synonym for ‘infringement’
‘Injury’ to the British – early claims to the moral high ground
Copyright for foreigners: the position under British law
America reclaims the initiative
3 Language, practice, and history
4 The metamorphosis of contrefaçon in French copyright law
The revolutionary legislation
The commentators’ approach
The extension of contrefaçon
From printing to reproducing
Composers’ problematic protection
Impact of technological progress
Connection between reproduction and performance
The victory of contrefaçon
A severing of contrefaçon?
The breaking up of contrefaçon by new media
Life and fate of the compulsory licensing
Life and fate of the ‘sliding-scale response’
The global issue of public offence
Life and fate of the HADOPI
The paradoxical choice of criminal law
European law and the ‘commercial scale’ criteria
Grounds for leniency towards individuals
5 A common lawyer’s perspective on contrefaçon
Contrefaçon and the common law
Broadening conceptions of exclusive rights
Pressures toward and resistance to disaggregation
6 Copyright infringement, ‘free-riding’ and the lifeworld
The ‘incentives-access’ paradigm
The ‘absolute protection’ paradigm
Two paradigms, one foundation
Beyond Demsetz? Copyright infringement as ‘good’ free-riding
Conclusion: thinking otherwise about ‘free-riding’
7 Copyright and the limits of law-and-economics analysis
Introduction: the law-and-economics of copyright
The incentives-access paradigm
The absolute protection paradigm
The limits of economic analysis
Conclusion: beyond economic analysis?
8 ‘Substantial similarity of expression’ in copyright infringement actions: a linguistic perspective
Non-literal copying and literary copyright
Linguistics and copyright
Can linguistics offer anything to copyright?
A basic picture: chain and choice
Similarity at different levels
Speech acts and discourse moves
‘Shall I compare thee to a summer’s day’
Roger Shuy: fighting over words
Originality in The Da Vinci Code
Ideas and ways of expressing them
From direct copying, through substantial taking, to use
Linguistic and conceptual representation
9 Refining notions of idea and expression through linguistic analysis
Concordance between legal and linguistic analyses
Validation of legal analysis
Literary works as less intuitive subjects of analysis
Part VI Computer software
10 Copyright, piracy and software
Computer programs as ‘works’
Writing and using software
Abstraction and modularization
The art of computer programming
Source and executable code
Substitution and components and open systems
Hardware is also software
Intellectual property and software
Software protection, technology and law
11 Of plots, puddings and draught-excluders: the law as it applies to the infringement of computer programs
Software does not equate with other copyright works
Software and the idea–expression dichotomy in copyright
The idea–expression dichotomy and other copyright works
Should software be protected by a sui generis right?
Copyright cannot adequately protect the investment in software
Software is exceptionally easy to ‘pirate’
Software and a sui generis right
Part VII Information studies
12 Measuring text reuse in the news industry
Text reuse and newspaper production
Journalism and text reuse
Manually identifying text reuse
Automatically identifying text reuse
13 Reflections on measuring text reuse from a copyright law perspective
Translating the concept of text reuse into copyright law
Copying of ideas/substantial part
The role of measuring text reuse in copyright law
14 Unoriginal genius: plagiarism and the construction of ‘Romantic’ authorship
15 The genius and the labourer: authorship in eighteenth- and nineteenth-century copyright law
16 Piracy and authorship in contemporary art and the artistic commonwealth
The institution of authorship in art
Contemporary art and copyright
The artistic commonwealth
High and low, photography and copyright law
17 Copyright’s imperfect republic and the artistic commonwealth
Copyright – between the artefact and its essence
Infringement in art and copyright
The ‘artistic commonwealth’ – accommodating transgression
Aesthetic neutrality and the artistic commonwealth
18 Reggae open source: how the absence of copyright enabled the emergence of popular music in Jamaica
On Orange street: political economy at the birth of reggae
Social authorship (1): intensification and the division of labour
Social authorship (2): translation, origination and reuse
Riddims, open source and coming first to market
19 ‘Free-riding on the riddim’? Open source, copyright law and reggae music in Jamaica
20 Copyright infringement: a criminological perspective
A criminological perspective: ‘piracy’ and theories of crime
Challenges to criminologists
Music piracy as a grey area ‘crime’
Copyright infringement in late modernity: the importance of culture
21 Towards a clearer understanding of the file-sharing phenomenon? Comments on a criminological perspective
Motivation versus rationalisation
What can and should be done?
Copyright and Piracy
：An Interdisciplinary Critique
( Cambridge Intellectual Property and Information Law )
Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.
