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.
P. Jaszi, "On the author effect: Contemporary copyright and collective creativity", Cardozo Arts & Entertainment ( 1992): 320.
M. J. Shapiro, "Sovereignty and exchange in the orders of modernity", Alternatives, 16 ( 1991): 460.
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.
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
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
David E. Wellbery.
Foucault, "What is an author"? 136.
M. Woodmansee, "On the author effect: Recovering collectivity", Cardozo
Arts & Entertainment ( 1992): 288-289.
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
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Intellectual Property in the Information Age:The Politics of Expanding Ownership Rights.
Contributors: Debora J. Halbert - Author.
Publisher: Quorum Books.
Place of publication: Westport, CT.
Publication year: 1999.
Page number: 138.
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