This sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."
Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.
Mertha analyzes the impact of external political pressure on the enforcement of intellectual property rights. A useful volume for anyone interested in the actual workings of the governmental bureaucracy in China, as well as for those who want to gain insights into the practical aspects of IPR enforcement.
Intellectual property law in the United States does not work well and it needs to be reformed—but not for the reasons given by most critics. The issue is not that intellectual property rights are too easily obtained, too broad in scope, and too long in duration. Rather, the primary problem is overreaching by publishers, producers, artists, and others who abuse intellectual property law by claiming stronger rights than the law actually gives them. From copyfraud—like phony copyright notices attached to the U.S. Constitution—to lawsuits designed to prevent people from poking fun at Barbie, from controversies over digital sampling in hip-hop to Major League Baseball's ubiquitous restriction on sharing any "accounts and descriptions of this game," overreaching claims of intellectual property rights are everywhere. Overreaching interferes with legitimate uses and reproduction of a wide variety of works, imposes enormous social and economic costs, and ultimately undermines creative endeavors. As this book reveals, the solution is not to change the scope or content of intellectual property rights, but to create mechanisms to prevent people asserting rights beyond those they legitimately possess. While there are many other books on intellectual property, this is the first to examine overreaching as a distinct problem and to show how to solve it. Jason Mazzone makes a series of timely proposals by which government, organizations, and ordinary people can stand up to creators and content providers when they seek to grab more than the law gives them.
This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.
A “deeply researched and brilliantly written” blueprint to the criminal possibilities in the world all around us (Warren Ellis, author of Gun Machine). At the core of A Burglar’s Guide to the City is an unexpected and thrilling insight: how any building transforms when seen through the eyes of someone hoping to break into it. Studying architecture the way a burglar would, Geoff Manaugh takes readers through walls, down elevator shafts, into panic rooms, and out across the rooftops of an unsuspecting city. Encompassing nearly two thousand years of heists and break-ins, the book draws on the expertise of reformed bank robbers, FBI special agents, private security consultants, the LAPD Air Support Division, and architects past and present. Whether discussing how to pick padlocks, climb the walls of high-rise apartments, find gaps in a museum’s surveillance routine, or discuss home invasions in ancient Rome, A Burglar’s Guide to the City ensures readers will never enter a bank again without imagining how to loot the vault, or walk down the street without planning the perfect getaway. Praise for A Burglar’s Guide to the City “This burglar’s guide isn’t for ordinary smash-and-grab burglars, it’s for the rest of us—who steal in, steal out, and get away with glorious dreams. A spectacularly fun read.” —Robert Krulwich, cohost of Radiolab “Who knew that urban studies could be so riveting? Geoff Manaugh excels at finding new, illicit, and fresh angles on a subject as loved as it is overexposed—the city. In his new book, elegant, perverse, sinuous supervillains maneuver and master the city like parkour champions. I see the TV series already.” —Paola Antonelli, design curator, MoMA
A detailed historical look at how copyright was negotiated and protected by authors, publishers, and the state in late imperial and modern China In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, Wang presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, Pirates and Publishers demonstrates the pivotal roles of those who produce and circulate knowledge.
The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.
Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities. Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.