Intellectual Property in the Information Age: The Politics of Expanding Ownership Rights

By Debora J. Halbert | Go to book overview
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technologies will be able to transform the boundaries that have been established by print. But as new technologies permit the acquisition and exchange of knowledge within the privacy of one's home, it has become unclear whether one can sustain the traditional copyright story without compromising constitutional rights of privacy and free expression.


NOTES
1.
P. Jaszi, "On the author effect: Contemporary copyright and collective creativity", Cardozo Arts & Entertainment ( 1992): 320.
2.
M. J. Shapiro, "Sovereignty and exchange in the orders of modernity", Alternatives, 16 ( 1991): 460.
3.
M. Foucault, "What is an author"? in Language, counter-memory, practice: Selected essays and interviews, trans. D. F. Bouchard & S. Simon (Ithaca: Cornell University Press, 1977), 123.
5.
M. Rose, Authors and owners: The invention of copyright ( London & Cambridge, MA: Harvard University Press, 1993), 1.
7.
A discourse network is a system of learning that developed in the wake of printing.
A system in which knowledge was defined in terms of authority and erudition, in which the doctrine of rhetoric governed discursive production, in which patterns of communication followed the lines of social stratification, in which books circulated in a process of limitless citation, variation, and translation, in which Universities were not yet state institutions and the learned constituted a special (often itinerant) class with unique privileges, and in which the concept of literature embraced virtually all of what was written. (This is the discourse network of the 1800's).

See: F. A. Kitler, Discourse networks: 1800/ 1900, trans. M. Metteer (Stanford: Stanford University Press, 1990), XVIII. This quote is from the introduction written by David E. Wellbery.

8.
Foucault, "What is an author"? 136.
9.
M. Woodmansee, "On the author effect: Recovering collectivity", Cardozo Arts & Entertainment ( 1992): 288-289.
11.
Jaszi, "On the author effect", 295.
13.
"At base, however, the law is not so much systematically hostile to works that do not fit the individualistic model of Romantic 'authorship' as it is uncomprehending of them. Such works are marginalized or become literally invisible within the prevailing ideological framework of discourse in copyright -- even to the point of literal invisibility." Ibid., 302.
14.
The Copyright Act only deals with collaborative work in terms of coownership. Each author is recognized as autonomous and the ultimate creation is called a joint work. The language of collaboration, which suggests the inability

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