Private Law Theory

Abstract:
Copyright has emerged as the Intellectual Property currency of the creative industries, to the extent that they are sometimes referred to as ‘the copyright industries’. Extending beyond copyright’s perceived role of protecting creators, this chapter considers how copyright law may not only reflect, but shape the creative industries as well as the content of cultural works. This ‘production of culture’ perspective is discussed against alternative views — the ‘abstract work’ concept associated with idealism, and the ‘romantic author’ hypothesis, explaining in effect authorial entitlements as analogous to ‘real property’. The chapter scans the horizon for reform of these proprietary principles in the contemporary context of the Internet. Where the distinction between production and consumption becomes fluid, copyright law may no longer be able to force a space for transactions based on exclusive rights.

Kretschmer, Martin, Copyright and its Discontents (December 1, 2014). Chapter 16 in Oxford Handbook of the Creative and Cultural Industries, edited by Candace Jones, Mark Lorenzen, and Jonathan Sapsed, February 2015.

First posted 2014-12-05 07:30:29