Controlling Voices: Intellectual Property, Humanistic Studies, and the Internet

By Tyanna K. Herrington | Go to book overview

7
The New Millennium
and Controlling Voices

Intellectual expression is always a conglomeration of the ideas and influences of individuals, societal organizations, and community ideologies, but digitization of text and Internet communication both intensify and make conspicuous the merger of many individuals' ideas and expressions. Understanding the effect of digitized text and Internet communication provides all the more reason for fighting for society's interests in securing public access to information, especially for educators in humanistic studies. First, to accept that intellectual expression is intangible negates application of the common law concept of property, which applies only to tangible entities; intangible intellectual products can be simultaneously controlled by more than one creator. Second, digitization can change the character of information so that its ideas and their expression are inseparable. Under these circumstances, when a court grants an individual creator exclusive right to intellectual products, it inhibits access to the ideas in intellectual work and defeats the purpose of the intellectual property statute in furthering the progress of learning in society.

Throughout the history of intellectual property argument, the proprietary focus has been on the expression of ideas and not on the ideas themselves, but the ideas have always been considered the collective property of humanity (Barlow). Digitized information illustrates metaphorically and actually the implausibility of exclusive ownership in intellectual products and casts doubt that authorship should produce ownership and, thus, exclusive control.

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Controlling Voices: Intellectual Property, Humanistic Studies, and the Internet
Table of contents

Table of contents

  • Title Page *
  • Contents vii
  • Foreword ix
  • Acknowledgments xiii
  • Controlling Voices *
  • Introduction 1
  • Part One - The Law 25
  • 1 - Protective Control for Intellectual Products 27
  • 2 - Copyrights and Duties 35
  • 3 - Fair Use, Access, and Cultural Construction 59
  • 4 - Law and Policy: the Balance in Cyberspace 77
  • Part Two - Ideology and Power 85
  • 5 - Controlling Construction: the Internet, Law, and Humanistic Studies 87
  • 6 - Controlling Ideologies: the Internet, Law, and Humanistic Studies 112
  • 7 - The New Millennium and Controlling Voices 129
  • Notes 157
  • Works Cited 159
  • Index 167
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