Intellectual Commons and the Law

Intellectual Commons and the Law
Author: Antonios Broumas
Publisher: University of Westminster Press
Total Pages: 223
Release: 2020-11-25
Genre: Business & Economics
ISBN: 1912656884

‘With clarity and sophistication, Antonios Broumas presents a bold new theory of intellectual commons and powerful arguments for a new body of supportive law. This book not only reveals the misleading logic of intellectual property law in our time; it reveals the rich possibilities for constructive change that legally protected commoning can bring. Highly recommended!’ — David Bollier, Director, Reinventing the Commons Program, Schumacher Center for a New Economics. ‘Liberating the Intellectual Commons from the fetters of capital accumulation and appropriation, would give us a renaissance of creative energies and empowered communities: exactly what the world needs to move away from the social and ecological devastations of our times. This book is a thoughtful and compelling argument for making this possible through the works of the law and the redesign of public domain as a common space.’ — Massimo De Angelis, Professor of Political Economy and Social Change, Co-director of the Centre for Social Justice and Change, University of East London. ‘In this pioneering book, Antonios Broumas argues that philosophically, morally, politically and economically we are in urgent need of a new legal regime that recognizes the intellectual commons, peer production and sharing as the primary practices of intellectual production, distribution and consumption. I cannot imagine a more urgent task today. A legally protected intellectual commons will lead to greater scientific and cultural innovation and creativity and will lead to an urgently needed second Enlightenment. This book should be read by lawyers, critical theorists, economists and the many professionals of science, culture and the academy.’ — Costas Douzinas, Professor of Law, Birkbeck, University of London. ‘Antonios Broumas’ book is an excellent critical analysis of the cultural commons and a must-read for everyone interested in understanding what the commons, the cultural commons, and the digital commons are all about. This work brilliantly outlines the foundations of an empirically grounded critical theory of the commons and the cultural commons in the context of the interactions of law and society.’ — Christian Fuchs, Professor of Media and Communication Studies, author of Communication and Capitalism: A Critical Theory (2020). ‘Broumas takes us on a spellbinding tour of how and why the law could and should change to accommodate the creative multitude, which engages into an emerging mode of production. He tells a vibrant story that makes us shout: “Lawmakers of the world, unite!”’ — Vasilis Kostakis, Professor of P2P Governance, Tallinn University of Technology, Faculty Associate at Harvard Law School. At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.

Terms of Use

Terms of Use
Author: Eva Hemmungs Wirtén
Publisher: University of Toronto Press
Total Pages: 241
Release: 2008-01-01
Genre: Law
ISBN: 080209046X

Sequel to : No Trespassing.

The Intellectual Commons

The Intellectual Commons
Author: Henry C. Mitchell
Publisher: Lexington Books
Total Pages: 244
Release: 2005
Genre: Computers
ISBN: 9780739109489

The rapid emergence of digital media has created both new economic opportunities and new risks for authors, publishers, and users in regards to intellectual property. There is a theoretical conflict raging between those who believe "information should be free" and those attempting to protect intellectual property through surveillance and control of access. The Intellectual Commons works to develop a theory of intellectual property that is based on a theory of natural rights that assumes the existence of a "natural world" of intellectual resources. Chett Mitchell develops a moral framework that makes cooperation among the groups involved rather than conflict central to understanding intellectual property rights. Drawing on early modern theorists such as Grotius, Pufendorf, and Locke as well as the intellectual theory of copyright put forth by L. Ray Patterson, Mark Rose, and Michel Foucault, Intellectual Commons presents a way to bring IP theory and practice together. This book is an important addition to the intellectual property debate and a must for law students, communication theorists, and any person interested in the future of digital media rights.

Intellectual Property is Common Property

Intellectual Property is Common Property
Author: Andreas Von Gunten
Publisher: buch & netz
Total Pages: 111
Release: 2015-12-04
Genre: Philosophy
ISBN: 3038051985

Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. Andreas Von Gunten shows in this essay that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes.

Nonprofit Organizations and the Intellectual Commons

Nonprofit Organizations and the Intellectual Commons
Author: Jyh-An Lee
Publisher: Edward Elgar Publishing
Total Pages: 223
Release: 2012-01-01
Genre: Business & Economics
ISBN: 1781001588

ÔThere is no issue more fundamental to the growth of the open source society than a more mature and penetrating understanding of the nature of the nonprofit organization in a digital culture. Professor LeeÕs book is essential reading to this fundamental topic, beautifully written and brilliantly conceived.Õ Ð Lawrence Lessig, Harvard Law School, US ÔJyh-An Lee provides the first comprehensive account of nonprofit organizations and their overlooked role in setting (and working around) intellectual property policy. The reader will find a wealth of information and a novel theory of NPOs as part of the IP ecosystem.Õ Ð Mark A. Lemley, Stanford Law School, US Over the past twenty years, a number of nonprofit organizations (NPOs), such as Creative Commons, the Electronic Frontier Foundation, and the Free Software Foundation have laid essential building blocks for intellectual-commons as a social movement. Through a detailed description of these NPOs and a series of in-depth interviews with their officials, this book demonstrates that NPOs have provided the social structures that are necessary to support the production of intellectual commons. By illustrating NPOsÕ role in shaping the commons realm, this book provides a new lens through which to understand the intellectual-commons environment. Protecting intellectual commons has been one of the most important goals of recent innovation and information policies. This book focuses on the NPOs that occupy an increasingly critical and visible position in the intellectual-commons environment in recent years. This detailed study will appeal to academics in intellectual property and internet law, nonprofit organizations, academics and professionals, and those involved in the Free Culture and Open Source Software Movement.

The Public Domain

The Public Domain
Author: James Boyle
Publisher: Createspace Independent Publishing Platform
Total Pages: 292
Release: 2017-11-25
Genre:
ISBN: 9781979963077

In this insightful book you will discover the range wars of the new information age, which is today's battles dealing with intellectual property. Intellectual property rights marks the ground rules for information in today's society, including today's policies that are unbalanced and unspupported by any evidence. The public domain is vital to innovation as well as culture in the realm of material that is protected by property rights.

Made with Creative Commons

Made with Creative Commons
Author: Paul Stacey
Publisher:
Total Pages: 160
Release: 2017
Genre: Information commons
ISBN: 9788799873333

Made With Creative Commons is a book about sharing. It is about sharing textbooks, music, data, art, and more. People, organizations, and businesses all over the world are sharing their work using Creative Commons licenses because they want to encourage the public to reuse their works, to copy them, to modify them. They are Made with Creative Commons.

Communication and Capitalism

Communication and Capitalism
Author: Christian Fuchs
Publisher: University of Westminster Press
Total Pages: 406
Release: 2020-05-19
Genre: Language Arts & Disciplines
ISBN: 1912656728

‘An authoritative analysis of the role of communication in contemporary capitalism and an important contribution to debates about the forms of domination and potentials for liberation in today’s capitalist society.’ — Professor Michael Hardt, Duke University, co-author of the tetralogy Empire, Commonwealth, Multitude, and Assembly ‘A comprehensive approach to understanding and transcending the deepening crisis of communicative capitalism. It is a major work of synthesis and essential reading for anyone wanting to know what critical analysis is and why we need it now more than ever.’ — Professor Graham Murdock, Emeritus Professor, University of Loughborough and co-editor of The Handbook of Political Economy of Communications Communication and Capitalism outlines foundations of a critical theory of communication. Going beyond Jürgen Habermas’ theory of communicative action, Christian Fuchs outlines a communicative materialism that is a critical, dialectical, humanist approach to theorising communication in society and in capitalism. The book renews Marxist Humanism as a critical theory perspective on communication and society. The author theorises communication and society by engaging with the dialectic, materialism, society, work, labour, technology, the means of communication as means of production, capitalism, class, the public sphere, alienation, ideology, nationalism, racism, authoritarianism, fascism, patriarchy, globalisation, the new imperialism, the commons, love, death, metaphysics, religion, critique, social and class struggles, praxis, and socialism. Fuchs renews the engagement with the questions of what it means to be a human and a humanist today and what dangers humanity faces today.

The Intellectual Commons

The Intellectual Commons
Author: Henry C. Mitchell
Publisher: Lexington Books
Total Pages: 240
Release: 2005
Genre: Law
ISBN: 9780739113424

The rapid emergence of digital media has created both new economic opportunities and new risks for authors, publishers, and users in regards to intellectual property. There is a theoretical conflict raging between those who believe 'information should be free' and those attempting to protect intellectual property through surveillance and control of access. The Intellectual Commons works to develop a theory of intellectual property that is based on a theory of natural rights that assumes the existence of a 'natural world' of intellectual resources. Chett Mitchell develops a moral framework that makes cooperation among the groups involved rather than conflict central to understanding intellectual property rights. Drawing on early modern theorists such as Grotius, Pufendorf, and Locke as well as the intellectual theory of copyright put forth by L. Ray Patterson, Mark Rose, and Michel Foucault, Intellectual Commons presents a way to bring IP theory and practice together. This book is an important addition to the intellectual property debate and a must for law students, communication theorists, and any person interested in the future of digital media rights.

Governing Knowledge Commons

Governing Knowledge Commons
Author: Brett M. Frischmann
Publisher: Oxford University Press
Total Pages: 516
Release: 2014
Genre: Business & Economics
ISBN: 0190225823

"Knowledge commons" describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom's Nobel Prize-winning research on natural resource commons. It proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information, describing the framework in detail and explaining how to put it into context both with respect to commons research and with respect to innovation and information policy. Eleven detailed case studies apply and discuss the framework exploring knowledge commons across a wide variety of scientific and cultural domains.