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

By Tyanna K. Herrington | Go to book overview

6
Controlling Ideologies: The Internet,
Law, and Humanistic Studies

Ideology drives a community's valuation of societal goals, its understanding of “property” by way of definition of authorship and ownership, and its interpretations of the goals of the intellectual property statute. Examining the differences among representative ideologies of the Internet, legal, and academic humanist communities reveals a basis for conflict that is significant for understanding differing interpretations of the existing intellectual property statute and the potential influence on the developing intellectual property law.

The mutual interests of the academic, professional, and social communities of academic humanists, law professionals, and Internet participants sometimes conflict when they interpret the concept of “property” in intellectual property law. In addition, the differing ideologies of these three communities influence interpretations of property and form the basis for administering the law that affects how intellectual creations are produced and treated. Furthermore, each community's ideologies influence one another and are affected by concepts of ownership, authorship, and authority, which all derive from concepts of property. These multiple influences, in turn, provide a basis for influencing intellectual property law further and creating an impact on production and use of print and digital works in the future. Each community's view of how knowledge is created is significant for influencing the intellectual property law that was promulgated to support its creative process.

James Berlin locates three predominant ideologies of belief in how knowledge is created: objective (foundational, positivist), subjective

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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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