Owning Ideas

The Intellectual Origins of American Intellectual Property, 1790–1909
Author: Oren Bracha
Publisher: Cambridge University Press
ISBN: 0521877660
Category: History
Page: 331
View: 9789

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This book examines the development of the concept of intellectual property in the United States during the nineteenth century.

Pierson v. Post, The Hunt for the Fox

Law and Professionalization in American Legal Culture
Author: Angela Fernandez
Publisher: Cambridge University Press
ISBN: 1108340296
Category: Law
Page: N.A
View: 7154

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The 1805 New York foxhunting case Pierson v. Post has long been used in American property law classrooms to introduce law students to the concept of first possession by asking how one establishes possession of a wild animal. In this book, Professor Angela Fernandez retells the history of the famous fox case, from its origins as a squabble between two wealthy young men on the South Fork of Long Island through its appeal to the New York Supreme Court and entry into legal treatises, law school casebooks, and law journal articles, where it still occupies a central place. Professor Fernandez argues that the dissent is best understood as an example of legal solemn foolery. Yet it has been treated by legal professionals, the lawyers of its day, and subsequent legal academics in such a serious way, demonstrating how the solemn and the silly can occupy two sides of the same coin in American legal history.

Creativity Without Law

Challenging the Assumptions of Intellectual Property
Author: Kate Darling,Aaron Perzanowski
Publisher: NYU Press
ISBN: 1479841935
Category: Law
Page: 304
View: 6627

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Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will under-invest in new work. But this premise fails to fully capture the reality of creative production. It ignores the range of powerful non-economic motivations that compel creativity, and it overlooks the capacity of creative industries for self-governance and innovative social and market responses to appropriation. This book reveals the on-the-ground practices of a range of creators and innovators. In doing so, it challenges intellectual property orthodoxy by showing that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, these communities rely on evolving social norms and market responses—sensitive to their particular cultural, competitive, and technological circumstances—to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, the communities illustrated in this book demonstrate that creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer, and thrive, in environments defined by self-regulation rather than legal rules. Beyond their value as descriptions of specific industries and communities, the accounts collected here help to ground debates over IP policy in the empirical realities of the creative process. Their parallels and divergences also highlight the value of rules that are sensitive to the unique mix of conditions and motivations of particular industries and communities, rather than the monoculture of uniform regulation of the current IP system.

Laws of Creation

Property Rights in the World of Ideas
Author: Ronald A. Cass,Keith N Hylton
Publisher: Harvard University Press
ISBN: 0674067649
Category: Law
Page: 266
View: 1445

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Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.

Inventing the Industrial Revolution

The English Patent System, 1660-1800
Author: Christine MacLeod
Publisher: Cambridge University Press
ISBN: 9780521893992
Category: Business & Economics
Page: 316
View: 6509

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This book examines the development of the English patent system and its relationship with technical change during the period between 1660 and 1800, when the patent system evolved from an instrument of royal patronage into one of commercial competition among the inventors and manufacturers of the Industrial Revolution. It analyses the legal and political framework within which patenting took place and gives an account of the motivations and fortunes of patentees, who obtained patents for a variety of purposes beyond the simple protection of an invention. It includes the first in-depth attempt to gauge the reliability of the patent statistics as a measure of inventive activity and technical change in the early part of the Industrial Revolution, and suggests that the distribution of patents is a better guide to the advance of capitalism than to the centres of inventive activity. It also queries the common assumption that the chief goal of inventors was to save labour, and examines contemporary criticism of the patent system in the light of the changing conceptualisation of invention among natural scientists and political economists.

Medical Monopoly

Intellectual Property Rights and the Origins of the Modern Pharmaceutical Industry
Author: Joseph M. Gabriel
Publisher: University of Chicago Press
ISBN: 022610821X
Category: Medical
Page: 328
View: 3742

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During much of the nineteenth century, physicians and pharmacists alike considered medical patenting and the use of trademarks by drug manufacturers unethical forms of monopoly; physicians who prescribed patented drugs could be, and were, ostracized from the medical community. In the decades following the Civil War, however, complex changes in patent and trademark law intersected with the changing sensibilities of both physicians and pharmacists to make intellectual property rights in drug manufacturing scientifically and ethically legitimate. By World War I, patented and trademarked drugs had become essential to the practice of good medicine, aiding in the rise of the American pharmaceutical industry and forever altering the course of medicine. Drawing on a wealth of previously unused archival material, Medical Monopoly combines legal, medical, and business history to offer a sweeping new interpretation of the origins of the complex and often troubling relationship between the pharmaceutical industry and medical practice today. Joseph M. Gabriel provides the first detailed history of patent and trademark law as it relates to the nineteenth-century pharmaceutical industry as well as a unique interpretation of medical ethics, therapeutic reform, and the efforts to regulate the market in pharmaceuticals before World War I. His book will be of interest not only to historians of medicine and science and intellectual property scholars but also to anyone following contemporary debates about the pharmaceutical industry, the patenting of scientific discoveries, and the role of advertising in the marketplace.

The Branding of the American Mind

How Universities Capture, Manage, and Monetize Intellectual Property and Why It Matters
Author: Jacob H. Rooksby
Publisher: JHU Press
ISBN: 1421420805
Category: Education
Page: 392
View: 1441

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Universities generate an enormous amount of intellectual property, including copyrights, trademarks, patents, Internet domain names, and even trade secrets. Until recently, universities often ceded ownership of this property to the faculty member or student who created or discovered it in the course of their research. Increasingly, though, universities have become protective of this property, claiming it for their own use and licensing it as a revenue source instead of allowing it to remain in the public sphere. Many universities now behave like private corporations, suing to protect trademarked sports logos, patents, and name brands. Yet how can private rights accumulation and enforcement further the public interest in higher education? What is to be gained and lost as institutions become more guarded and contentious in their orientation toward intellectual property? In this pioneering book, law professor Jacob H. Rooksby uses a mixture of qualitative, quantitative, and legal research methods to grapple with those central questions, exposing and critiquing the industry’s unquestioned and growing embrace of intellectual property from the perspective of research in law, higher education, and the social sciences. While knowledge creation and dissemination have a long history in higher education, using intellectual property as a vehicle for rights staking and enforcement is a relatively new and, as Rooksby argues, dangerous phenomenon for the sector. The Branding of the American Mind points to higher education’s love affair with intellectual property itself, in all its dimensions, including newer forms that are less tied to scholarly output. The result is an unwelcome assault on the public’s interest in higher education. Presuming no background knowledge of intellectual property, and ending with a call to action, The Branding of the American Mind explores applicable laws, legal regimes, and precedent in plain English, making the book appealing to anyone concerned for the future of higher education.

The Economic Structure of Intellectual Property Law


Author: William M. LANDES,Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674039912
Category: Law
Page: 448
View: 1898

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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

The Taming of Chance


Author: Ian Hacking
Publisher: Cambridge University Press
ISBN: 9780521388849
Category: History
Page: 264
View: 2536

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This book combines detailed scientific historical research with characteristic philosophic breadth and verve.

Media and the American Mind

From Morse to McLuhan
Author: Daniel J. Czitrom
Publisher: Univ of North Carolina Press
ISBN: 0807899208
Category: Social Science
Page: 268
View: 3860

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In a fascinating and comprehensive intellectual history of modern communication in America, Daniel Czitrom examines the continuing contradictions between the progressive possibilities that new communications technologies offer and their use as instruments of domination and exploitation.

Capital in the Twenty-First Century


Author: Thomas Piketty
Publisher: Harvard University Press
ISBN: 0674979850
Category: Business & Economics
Page: 816
View: 5880

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The main driver of inequality—returns on capital that exceed the rate of economic growth—is again threatening to generate extreme discontent and undermine democratic values. Thomas Piketty’s findings in this ambitious, original, rigorous work will transform debate and set the agenda for the next generation of thought about wealth and inequality.

Aboriginal Title and Indigenous Peoples

Canada, Australia, and New Zealand
Author: Louis A. Knafla,Haijo Westra
Publisher: UBC Press
ISBN: 0774859296
Category: Law
Page: 280
View: 757

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Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

The Copyright Wars

Three Centuries of Trans-Atlantic Battle
Author: Peter Baldwin
Publisher: Princeton University Press
ISBN: 1400851912
Category: History
Page: 552
View: 7120

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Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. The Copyright Wars—the first major trans-Atlantic history of copyright from its origins to today—tells this important story. Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America? The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world’s intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors’ rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment—a history that reveals that today’s open-access advocates are heirs of a venerable American tradition. Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.

Unequal Freedom


Author: Evelyn Nakano GLENN
Publisher: Harvard University Press
ISBN: 9780674037649
Category: Social Science
Page: 318
View: 640

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The inequalities that persist in America have deep historical roots. Evelyn Nakano Glenn untangles this complex history in a unique comparative regional study from the end of Reconstruction to the eve of World War II. During this era the country experienced enormous social and economic changes with the abolition of slavery, rapid territorial expansion, and massive immigration, and struggled over the meaning of free labor and the essence of citizenship as people who previously had been excluded sought the promise of economic freedom and full political rights. After a lucid overview of the concepts of the free worker and the independent citizen at the national level, Glenn vividly details how race and gender issues framed the struggle over labor and citizenship rights at the local level between blacks and whites in the South, Mexicans and Anglos in the Southwest, and Asians and haoles (the white planter class) in Hawaii. She illuminates the complex interplay of local and national forces in American society and provides a dynamic view of how labor and citizenship were defined, enforced, and contested in a formative era for white-nonwhite relations in America.

Observations and Predictions of Eclipse Times by Early Astronomers


Author: J.M. Steele
Publisher: Springer Science & Business Media
ISBN: 9401595283
Category: History
Page: 324
View: 5107

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Eclipses have long been seen as important celestial phenomena, whether as omens affecting the future of kingdoms, or as useful astronomical events to help in deriving essential parameters for theories of the motion of the moon and sun. This is the first book to collect together all presently known records of timed eclipse observations and predictions from antiquity to the time of the invention of the telescope. In addition to cataloguing and assessing the accuracy of the various records, which come from regions as diverse as Ancient Mesopotamia, China, and Europe, the sources in which they are found are described in detail. Related questions such as what type of clocks were used to time the observations, how the eclipse predictions were made, and how these prediction schemes were derived from the available observations are also considered. The results of this investigation have important consequences for how we understand the relationship between observation and theory in early science and the role of astronomy in early cultures, and will be of interest to historians of science, astronomers, and ancient and medieval historians.

Copyright Law, Digital Content and the Internet in the Asia-Pacific


Author: Brian F. Fitzgerald
Publisher: N.A
ISBN: N.A
Category: Computers
Page: 419
View: 9821

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Copyright law, digital content and the Internet in the Asia-Pacific provides a unique insight into the key issues facing copyright law and digital content policy in a networked information world. It emanates from a landmark conference - The First International Forum on the Content Industry and Intellectual Property - organised by Queensland University of Technology (QUT), The ARC Centre of Excellence for Creative Industries and Innovation (CCi) and East China University of Political Science and Law (ECUPL) in Shanghai in 2007. The book features chapters from a wide range of experts in their respective fields from across the Asia-Pacific region, including Australia, the People's Republic of China, Hong Kong, Indonesia and Singapore. Some of the areas examined include the new digital environment, digital content policy, the networked information economy, copyright law and new media. The book provides a timely and scholarly appraisal of the legal and policy considerations facing anyone trying to regulate, sponsor or utilise the vast array of new media and content platforms now available.

The Intangible Advantage

Understanding Intellectual Property in the New Economy
Author: David Kline,Robert G. Krupka,Gary K. Michelson,Randall E. Kahnke,Kerry L. Bundy
Publisher: N.A
ISBN: 9780997542622
Category:
Page: N.A
View: 8549

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English as a Global Language


Author: David Crystal
Publisher: Cambridge University Press
ISBN: 1107611806
Category: Language Arts & Disciplines
Page: 212
View: 4594

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David Crystal's classic English as a Global Language considers the history, present status and future of the English language, focusing on its role as the leading international language. English has been deemed the most 'successful' language ever, with 1500 million speakers internationally, presenting a difficult task to those who wish to investigate it in its entirety. However, Crystal explores the subject in a measured but engaging way, always backing up observations with facts and figures. Written in a detailed and fascinating manner, this is a book written by an expert both for specialists in the subject and for general readers interested in the English language.

China

A New History, Second Enlarged Edition
Author: John King Fairbank,Merle Goldman
Publisher: Harvard University Press
ISBN: 0674036654
Category: Reference
Page: 560
View: 3224

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John King Fairbank was the West's doyen on China, and this book is the full and final expression of his lifelong engagement with this vast ancient civilization. The distinguished historian Merle Goldman brings the book up to date and provides an epilogue discussing the changes in contemporary China that will shape the nation in the years to come.