1,721,175 research outputs found
Research Perspectives on the Public Domain: Digital Conference Proceedings
Get PDFThe public domain is a subject of vital interest to legal scholars, but its implications are far reaching – indeed, the public domain concept is germane to subjects as diverse as film and media studies, economics, political science and organisational theory. It was a central purpose of the workshop to arrive at a workable definition of the public domain suitable for empirical investigation. The traditional definition (1) takes the copyright term as the starting point, and defines the public domain as “out of copyright”, i.e. all uses of a copyright work are possible. A second, more fine-grained definition (2) still relies on the statutory provisions of copyright law, and asks what activities are possible with respect to a copyright work without asking for permission (e.g. because use is related to “underlying ideas” not appropriating substantial expressions, or because use is covered by specific copyright exceptions). A third definition (3) includes as part of the public domain all uses that are possible under permissive private ordering schemes (such as creative commons licences). A forth definition (4) moves into a space that includes use that would formally be copyright infringement but is endorsed, or at least tolerated by certain communities of practice (e.g. machinima or fan fiction)
Research Perspectives on the Public Domain: Digital Conference Proceedings
Get PDFThe public domain is a subject of vital interest to legal scholars, but its implications are far reaching – indeed, the public domain concept is germane to subjects as diverse as film and media studies, economics, political science and organisational theory. It was a central purpose of the workshop to arrive at a workable definition of the public domain suitable for empirical investigation. The traditional definition (1) takes the copyright term as the starting point, and defines the public domain as “out of copyright”, i.e. all uses of a copyright work are possible. A second, more fine-grained definition (2) still relies on the statutory provisions of copyright law, and asks what activities are possible with respect to a copyright work without asking for permission (e.g. because use is related to “underlying ideas” not appropriating substantial expressions, or because use is covered by specific copyright exceptions). A third definition (3) includes as part of the public domain all uses that are possible under permissive private ordering schemes (such as creative commons licences). A forth definition (4) moves into a space that includes use that would formally be copyright infringement but is endorsed, or at least tolerated by certain communities of practice (e.g. machinima or fan fiction)
Privilege and Property. Essays on the History of Copyright
Get PDFCopyright law is the site of significant contemporary controversy. In recent years copyright history has transformed as a subject from being one of interest to a few books historians to the focus of sustained historical investigation attracting the attention of scholars from across the humanities. This book comprises a collection of essays on copyright history by leading experts drawn from a range of countries and disciplinary perspectives.
Covering the period from 1450 to 1900, these essays engage with a number of related themes. The first considers the general movement, from the sixteenth century onwards, from privilege to property-based conceptions of copyright protection. The second addresses the relationship between the protection provided for literary and print materials and that provided for other forms of cultural production. The third concerns the significance and relevance of these various histories in shaping and informing contemporary policy and academic practice.
Essays include:
0. The History of Copyright History, by Kretschmer, Deazley & Bently;
1. From Gunpowder to Print: The Common Origins of Copyright and Patent, by Joanna Kostylo;
2. A Mongrel of early modern copyright: Scotland in European Persepctive, by Alastair Mann;
3. The Public Sphere and the Emergence of Copyright: Areopagitica, the Stationers’ Company, and the Statute of Anne, by Mark Rose;
4. Early American Printing Privileges: the Ambivalent Origins of Authors’ Copyright in America, by Oren Bracha;
5. Author and Work in the French Print Privileges System: Some Milestones, by Laurent Pfister;
6. A Venetian Experiment on Perpetual Copyright, by Maurizio Borghi;
7. Les formalités son mortes, vive les formalities! Copyright formalities in nineteenth century Europe, by Stef van Gompel;
8. The Berlin Publisher Friedrich Nicolai and the reprinting sections of the Prussian Statute Book of 1794, by Friedemann Kawohl;
9. Nineteenth Century Controversies relating to the protection of Artistic Property in France, by Frédéric Rideau;
10. Maps, Views and Ornament. Visualising Property in Art and Law: The Case of pre-modern France, by Katie Scott;
11. Breaking the Mould? The Radical Nature of the Fine Art Copyright Bill 1862, by Ronan Deazley;
12. ‘Neither bolt nor chain, iron safe nor private watchman, can prevent the theft of words’: The birth of the performing right in Britain, by Isabella Alexander;
13. The Return of the Commons: Copyright History as a Common Source, by Karl-Nikolaus Peifer;
14. The Significance of Copyright History for the Publishing History and Historians, by John Feather;
15. Metaphors of Intellectual Property, by William St Clair.
The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.or
Commentary on Warburton's Letter from an Author (1747)
No full textThe first of a number of public commentaries contributing to the mid-eighteenth century debate over the nature of literary property (see also: An Enquiry into the Nature of Literary Property (uk_1762a); An Argument in Defence of Literary Property (uk_1774a)).Warburton, a strong proponent of the common law rights of the author, provided the first significant commentary upon the nature and classification of property and its relevance to, and relationship with, an author's work. Part of this commentary discusses Warburton's attempts to articulate a clear conceptual distinction between the claim of an inventor to the protection of a patent provided by the state, and the natural right of an author to the property in his work
The role of openness in creative innovation: evidence from digital crowdfunding
Get PDFThis study analyzes the performance of new creative products by firms that engage in inbound open innovation (IOI). Creative industries have been under-examined in the context of open innovation, which is counterintuitive given emerging practices of borrowing, remix and sharing introduced by digital technologies. A unique aspect of creative production is the importance of copyright as a form of Intellectual Property (IP) used by outward- and inward-licensing firms. Evidence on the role of IOI in product performance for creative industries is so far scarce and ambiguous, with experimental results suggesting that over-estimation of value by licensors may distort the price of licenses and inhibit innovation. This may be due to lack of information about the value of a copyright to both the holder and prospective licensee. We contribute to understanding of creative industries by investigating whether the decision to inwardly license copyright affects new product development. We investigate this empirically using a unique dataset of 2040 creative products (in the creative sectors of publishing, comics, video games, and theatre) launched on a rewards-based crowdfunding platform where product performance was measured using campaign success and total funding raised. We compare the product development costs and performance for four types of producers: those that inwardly license copyright IP, those that make unauthorized use of copyright IP, those that use freely-available inputs from the public domain and those that do not use external inputs. We find that all forms of IOI improve product performance, but that formal copyright license agreements function as a signal that additionally improves performance for authorized producers. The findings yield practical implications for producer firms in terms of crowdfunding and licensing strategy. The findings are relevant for policymaking with respect to the scope of IP protection, the role of licensing and the contribution of IOI to creative sectors
Commentary on Warburton's Letter from an Author (1747)
No full textThe first of a number of public commentaries contributing to the mid-eighteenth century debate over the nature of literary property (see also: An Enquiry into the Nature of Literary Property (uk_1762a); An Argument in Defence of Literary Property (uk_1774a)).Warburton, a strong proponent of the common law rights of the author, provided the first significant commentary upon the nature and classification of property and its relevance to, and relationship with, an author's work. Part of this commentary discusses Warburton's attempts to articulate a clear conceptual distinction between the claim of an inventor to the protection of a patent provided by the state, and the natural right of an author to the property in his work
Commentary on Milton's Contract 1667
No full textThe contract between the poet John Milton and the stationer Samuel Simmons, concerning the publication of Paradise Lost, is the earliest agreement between an author and a publisher for which there exists documentary evidence. The commentary suggests that, while the terms of the contract do not necessarily reveal anything substantive about how authors in the mid-seventeenth century understood the nature of the rights they had in their manuscript work, it is nevertheless significant. Since the early eighteenth century, Milton, his work, and his contract with Simmons, were all co-opted, in a variety of ways, to service contemporary debates about the status of the author, about author-publisher relations, and about the nature of the relationship between an author and his work within the context of the emerging copyright regime
Commentary on Milton's Contract 1667
No full textThe contract between the poet John Milton and the stationer Samuel Simmons, concerning the publication of Paradise Lost, is the earliest agreement between an author and a publisher for which there exists documentary evidence. The commentary suggests that, while the terms of the contract do not necessarily reveal anything substantive about how authors in the mid-seventeenth century understood the nature of the rights they had in their manuscript work, it is nevertheless significant. Since the early eighteenth century, Milton, his work, and his contract with Simmons, were all co-opted, in a variety of ways, to service contemporary debates about the status of the author, about author-publisher relations, and about the nature of the relationship between an author and his work within the context of the emerging copyright regime
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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