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A Critical Guide to Intellectual Property

A Critical Guide to Intellectual Property

Mat Callahan | Jim Rogers

(2017)

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