Copyright and Piracy

An inquiry into copyright infringement, from perspectives including law, literature, history, economics, music, and modern art.

Autorentext

Lionel Bently is Herchel Smith Professor of Intellectual Property Law, Director of the Centre for Intellectual Property and Information Law, and Professorial Fellow at Emmanuel College, University of Cambridge. Jennifer Davis is Herchel Smith College Lecturer in Intellectual Property Law and a member of the Centre for Intellectual Property and Information Law, University of Cambridge. She is also a Fellow of Wolfson College, Cambridge. Jane Ginsburg is Morton L. Janklow Professor of Literary and Artistic Property Law and Director of the Kernochan Center for Law, Media and the Arts at the Columbia University School of Law. She is also an Honorary Fellow of Emmanuel College, University of Cambridge.

Zusammenfassung
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.

Inhalt

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 source: how the absence of copyright enabled the emergence of popular music in Jamaica Jason Toynbee; 19. 'Free-riding on the riddim'? - Open source copyright law and reggae music in Jamaica Johnson Okpaluba.