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Abstract
Ours is an era when human genes can be copied and patented. From genetically modified foods to digital piracy, the concept of intellectual property (IP) and the laws upholding it play a foundational role in our society, but its political and ideological dimensions have rarely been understood outside of specialist circles. This collection cuts through the legal jargon that so often surrounds IP, to provide both a comprehensive history and analysis that explores the corporate interests that shape its conception and the movements that are developing alternatives.
As the nature of industry changes, we might ask: what are the wider implications of the concept of IP, be it for agribusiness and pharmaceutical companies or the film and music industries? Has IP law has been used to safeguard and assert the ownership of ideas and creativity, or is it an essential foundation of our culture?
Today, with mounting challenges from the growth of free software and open source movements, this collection provides an accessible and alternative guide to IP, exploring its significance within the wider struggle between capital and the commons.
‘Combining analytical and narrative approaches, this book is an excellent way to get to grips with the current political economy of intellectual property.’
Christopher May, Lancaster University
‘Callahan and Rogers have put together a critical guide that tells the truth about intellectual property. Everybody should read it.’
Peter Drahos, Australian National University
‘Unwraps intellectual property’s supposed enigma in an accessible fashion. Power, profits, piracy: all are explored here with real arguments and facts. Provocative.’
Alan Story, University of Kent (retd)
‘The idea of Intellectual Property is, quite literally, an attempt to monopolize ideas. In this exciting volume, the ideological basis of IP is critiqued, and the options for resistance examined.’
John Quiggin, University of Queensland
'A Critical Guide… is as much a handbook that suggests radical thought and action as it is an intellectuals’ guide to intellectual property.'
Jonah Raskin, Socialism and Democracy
Mat Callahan is a musician and author. He founded seminal world-beat band, Looters, the artists' collective, Komotion International, and produced the revival of James Connolly's "Songs of Freedom". He’s authored four books, Sex, Death and the Angry Young Man (1993); Testimony (2000); The Trouble With Music (2005); and The Explosion of Deferred Dreams (2017).
Jim Rogers is a lecturer in communications at the School of Communications, Dublin City University, Ireland. His research interests centre on the political economy of the media. His first book, The Death and Life of the Music Industry in the Digital Age was published in 2013. Beyond this, his research has been published in a host of international peer-review journals and various edited collections.
Table of Contents
Section Title | Page | Action | Price |
---|---|---|---|
Cover | Cover | ||
Halftitle | i | ||
Title page | iii | ||
Copyright | iv | ||
Contents | v | ||
Acknowledgments | vii | ||
List of abbreviations | viii | ||
1. Why intellectual property? Why now? | 1 | ||
Introduction | 1 | ||
Social movements | 2 | ||
Property is an outmoded concept | 4 | ||
Politics and technology | 5 | ||
Outline of the book to follow | 6 | ||
2. Running through the jungle | 14 | ||
The record deal: standard industry practice in the twentieth century | 17 | ||
Music, technology, legislation and revenue-generation | 20 | ||
Attempts at reform | 22 | ||
There ain’t no “I” if there ain’t no “we” | 24 | ||
Credit and just compensation | 26 | ||
Notes | 28 | ||
Section One. Historical context and conceptual frameworks | 31 | ||
3. Intellectual property rights and their diffusion around the world | 33 | ||
Introduction | 33 | ||
Pushing the present back into the past | 35 | ||
The impulse towards a nomothetic narrative | 38 | ||
Where are property rights in other knowledge traditions? | 41 | ||
Historical contingency, or universalism plus individualism | 47 | ||
Conclusion: towards an idiographic approach to IP history | 49 | ||
Notes | 50 | ||
4. The political economy of intellectual property | 56 | ||
Introduction | 56 | ||
The political economy of intellectual property | 57 | ||
The costs of intellectual property | 65 | ||
An international inversion | 67 | ||
Concluding remarks | 67 | ||
Notes | 68 | ||
5. I am because I own vs. I am because we are | 70 | ||
Introduction | 70 | ||
Possessive individualism | 73 | ||
What is philosophy? | 77 | ||
The Enlightenment | 79 | ||
John Locke: ownership of self, other people and ideas | 82 | ||
From Locke to Hegel | 88 | ||
Truth cannot be owned | 91 | ||
Notes | 92 | ||
Section Two. Terrains of conflict and terms of engagement | 97 | ||
6. Owning up to owning traditional knowledge of medicinal plants | 99 | ||
Introduction | 99 | ||
TEK + TMK = $$ ?? | 100 | ||
Examples of state actors: INDECOPI / NCAB and TKDL | 104 | ||
VSS that require ABS | 107 | ||
The case of Peruvian maca | 109 | ||
Concluding remarks | 110 | ||
Notes | 113 | ||
7. Using human rights to move beyond reformism to radicalism | 117 | ||
Introduction | 117 | ||
The public interest and user human rights | 118 | ||
Knowledge, A2K and copyright | 124 | ||
The A2K movement | 126 | ||
Schools, libraries and archives | 129 | ||
Why we need to tier copyright protection | 132 | ||
Examples of existing tiers of copyright protection | 132 | ||
Skladany’s revenue-based tiers | 133 | ||
Conclusion | 135 | ||
Notes | 137 | ||
8. Meet the new Boss, same as the old Boss | 144 | ||
Introduction | 144 | ||
Digitalization, crisis and the “death of copyright”? | 146 | ||
Copyright and the courts: enclosing musical cyberspace | 151 | ||
Exploiting music IPRs in the digital age | 154 | ||
Summary | 161 | ||
Notes | 162 | ||
9. Free software and open source movements from digital rebellion to Aaron Swartz | 166 | ||
Introduction | 166 | ||
Software and shared code | 166 | ||
Intellectual property and societal benefit | 168 | ||
Digital rebellion with software licenses | 170 | ||
Cultural rebellion with content licenses | 172 | ||
The open access movement | 175 | ||
Freedom of information and freedom of expression | 176 | ||
The Aaron Swartz case | 179 | ||
Today: corporate influences challenge our freedoms | 180 | ||
Summation and moving forward | 184 | ||
Coda: What’s radical about free/open source software? | 187 | ||
Notes | 192 | ||
Section Three. Law, policy and jurisdiction | 197 | ||
10. Rethinking the World Intellectual Property Organization | 199 | ||
Introduction | 199 | ||
WIPO’s history | 203 | ||
WIPO today | 205 | ||
A different WIPO story | 210 | ||
Notes | 214 | ||
11. What is intellectual property? | 217 | ||
Introduction | 217 | ||
What is intellectual property? | 219 | ||
Power and (lack of) evidence: the drivers of intellectual property policy | 222 | ||
Intellectual property, through the eyes of economics | 225 | ||
Applying the framework: the case of JSTOR and Aaron Swartz | 227 | ||
Toward a saner intellectual property future | 230 | ||
Conclusion | 234 | ||
Notes | 234 | ||
12. Piracy, states and the legitimation of authority | 238 | ||
What is piracy? | 241 | ||
Legal definition of piracy | 243 | ||
The black market | 246 | ||
Who’s pirating who? | 250 | ||
Knowledge to all is freedom of thought | 253 | ||
Notes | 254 | ||
13. Summary and concluding remarks | 257 | ||
The history of intellectual property rights must be re-written | 258 | ||
Traditional knowledge must be safeguarded | 259 | ||
A tiered approach to copyright is fundamental to enhancing education | 259 | ||
A world without copyright promises new possibilities for music and the arts | 261 | ||
Proposals for a more equitable balancing of the public good against private interests | 262 | ||
A new WIPO order | 263 | ||
A radical refocusing of IPR policy analyses | 265 | ||
Concluding thoughts | 266 | ||
Notes | 266 | ||
About the editors and contributors | 267 | ||
Index | 269 |