Providing a sweeping millennium-plus history of the learned book in the West, John Willinsky puts current debates over intellectual property into context, asking what it is about learning that helped to create the concept even as it gave the products of knowledge a different legal and economic standing than other sorts of property. Willinsky begins with Saint Jerome in the fifth century, then traces the evolution of reading, writing, and editing practices in monasteries, schools, universities, and among independent scholars through the medieval period and into the Renaissance. He delves into the influx of Islamic learning and the rediscovery of classical texts, the dissolution of the monasteries, and the founding of the Bodleian Library before finally arriving at John Locke, whose influential lobbying helped bring about the first copyright law, the Statute of Anne of 1710. Willinsky’s bravura tour through this history shows that learning gave rise to our idea of intellectual property while remaining distinct from, if not wholly uncompromised by, the commercial economy that this concept inspired, making it clear that today’s push for marketable intellectual property threatens the very nature of the quest for learning on which it rests.
Creations of mind can vary in its form—from a brilliant thought to a gizmo gadget to a popular fiction—all come under the legal term called Intellectual Property. In the world of upheaval technology, where information on anything and everything is freely available and accessible, guarding these intellectual properties legally becomes a prerequisite. This book comprehensively discusses how to manage and secure the intellectual property and the legal norms associated with it. The book begins with introducing the concepts related to Intellectual Property and the WTO Agreement. The following chapters explain various types of Intellectual Property Rights such as Patents, Copyrights, Trade Marks, Industrial Designs, Integrated Circuits, and Geographical Indications. These chapters also provide in-depth and detailed insight on regulations and procedures for protection of Intellectual Property Rights. The book further explicates the creation of Intellectual Property and spells out the conceptual framework for creativity and innovation. Management of Intellectual Property is as important as its creation, and therefore the concluding chapters describe the activities for management and commercialization of Intellectual Property Rights, and the emerging issues surrounding them. Two separate cases have been added at the end of the book, to provide an analytical insight of the subject to the students. The book is meant for the undergraduate and postgraduate students of management and technology. Besides, the book can be useful for the undergraduate students of law as a ready reference.
Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of ‘user’s rights’ and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one’s actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.
“A superb new understanding of the dynamic economy as a learning society, one that goes well beyond the usual treatment of education, training, and R&D.”—Robert Kuttner, author of The Stakes: 2020 and the Survival of American Democracy Since its publication Creating a Learning Society has served as an effective tool for those who advocate government policies to advance science and technology. It shows persuasively how enormous increases in our standard of living have been the result of learning how to learn, and it explains how advanced and developing countries alike can model a new learning economy on this example. Creating a Learning Society: Reader’s Edition uses accessible language to focus on the work’s central message and policy prescriptions. As the book makes clear, creating a learning society requires good governmental policy in trade, industry, intellectual property, and other important areas. The text’s central thesis—that every policy affects learning—is critical for governments unaware of the innovative ways they can propel their economies forward. “Profound and dazzling. In their new book, Joseph E. Stiglitz and Bruce C. Greenwald study the human wish to learn and our ability to learn and so uncover the processes that relate the institutions we devise and the accompanying processes that drive the production, dissemination, and use of knowledge . . . This is social science at its best.”—Partha Dasgupta, University of Cambridge “An impressive tour de force, from the theory of the firm all the way to long-term development, guided by the focus on knowledge and learning . . . This is an ambitious book with far-reaching policy implications.”—Giovanni Dosi, director, Institute of Economics, Scuola Superiore Sant’Anna “[A] sweeping work of macroeconomic theory.”—Harvard Business Review
National Book Critics Circle Award Winner, Nonfiction NAMED ONE OF THE BEST BOOKS OF 2022 BY THE NEW YORKER, TIME MAGAZINE, SAN FRANCISCO CHRONICLE, VOX, SALON, LIT HUB, AND VANITY FAIR “Entertaining and illuminating.”--The New Yorker * “Compulsively readable.”--New York Times * “Delicious, humane, probing.”--Vulture * “The best and most important book about acting I've ever read.”--Nathan Lane The critically acclaimed cultural history of Method acting-an ebullient account of creative discovery and the birth of classic Hollywood. On stage and screen, we know a great performance when we see it. But how do actors draw from their bodies and minds to turn their selves into art? What is the craft of being an authentic fake? More than a century ago, amid tsarist Russia's crushing repression, one of the most talented actors ever, Konstantin Stanislavski, asked these very questions, reached deep into himself, and emerged with an answer. How his “system” remade itself into the Method and forever transformed American theater and film is an unlikely saga that has never before been fully told. Now, critic and theater director Isaac Butler chronicles the history of the Method in a narrative that transports readers from Moscow to New York to Los Angeles, from The Seagull to A Streetcar Named Desire to Raging Bull. He traces how a cohort of American mavericks--including Stella Adler, Lee Strasberg, and the storied Group Theatre--refashioned Stanislavski's ideas for a Depression-plagued nation that had yet to find its place as an artistic powerhouse. The Group's feuds and rivalries would, in turn, shape generations of actors who enabled Hollywood to become the global dream-factory it is today. Some of these performers the Method would uplift; others, it would destroy. Long after its midcentury heyday, the Method lives on as one of the most influential--and misunderstood--ideas in American culture. Studded with marquee names--from Marlon Brando, Marilyn Monroe, and Elia Kazan, to James Baldwin, Ellen Burstyn, and Dustin Hoffman--The Method is a spirited history of ideas and a must-read for any fan of Broadway or American film.
Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. Andreas Von Gunten shows in this essay that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes.
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
A law professor draws from social and cultural theory to defend her idea that that intellectual property law affects the ability of citizens to live a good life and prohibits people from making and sharing culture.
