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Vol 23 No 5 May/June 2018

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Copyright, Communication and Culture: Towards a Relational Theory of Copyright Law

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ISBN13: 9781848448391
Published: July 2011
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £80.00

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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.

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Intellectual Property Law
1. Introduction Part I: Copyright and Cultural Creativity in Context 2. Constructing Authorship: The Underlying Philosophy of the Copyright Model 3. Authorship and Conceptions of the Self: Feminist Theory and the Relational Author Part II: The Origin of Copyright: Locke, Labour and Limiting the Author's Right 4. Against a Lockean Approach to Copyright 5. The Evolution of Originality: The Author's Right and the Public Interest Part III: Use, Transformation and 'Appropriation': Exploring the Limits of Copyright 6. Fair Dealing and the Purposes of Copyright Protection 7. Dissolving the Conflict between Copyright and Freedom of Expression 8. Final Conclusions