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Copyright and Creativity

The Making of Property Rights in Creative Works Andreas Rahmatian, University of Glasgow, UK
This timely book examines the proprietary features of copyright, the inherent limitations of its powers, and its justification and relationship to the non-proprietary realm of the public domain. The latter part of the book deals with the ‘propertisation/commodification’ of human authors themselves through their works as alienable objects of property, the well-known ‘Romantic author’ critique as a sophisticated justification of that commodification, and at an international level, neo-feudal and neo-colonial developments as a result of this process.
Shortlisted for the SLS Peter Birks Book Prize 2012
Extent: 336 pp
Hardback Price: $144.00 Web: $129.60
Publication Date: 2011
ISBN: 978 1 84844 246 7
Availability: In Stock
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Copyright and Creativity discusses the making of property out of creative works through the legal mechanism of copyright. It shows the manner in which the law translates a great variety of expressions of the human mind into its normative system and transforms them into the property right of copyright or droit d’auteur.

This timely book examines the proprietary features of copyright, the inherent limitations of its powers, and its justification and relationship to the non-proprietary realm of the public domain. The latter part of the book deals with the ‘propertisation/commodification’ of human authors themselves through their works as alienable objects of property, the well-known ‘Romantic author’ critique as a sophisticated justification of that commodification, and at an international level, neo-feudal and neo-colonial developments as a result of this process.

This detailed study will appeal to undergraduate and postgraduate students, legal sociologists, and specialists in copyright, property theory, or legal theory and political philosophy with particular interest in property theory. Practitioners within bodies involved in legal policy, organisations concerned with law reform, European institutions, and international organisations will also find much to interest them in this book.
‘. . . it is a valuable resource for any student researching copyright law, and those seeking a new slant on copyright lore.’
– Shirley Benneworth, The Law Society of New South Wales

‘A fresh, innovative, thought provoking look at the development of copyright law as it pertains to creativity and one that will give even the most experienced reader fresh insight into this tangled area of law. The author’s language ability (German, English, French) and interdisciplinary background (law and music) combine to enable him to add significant analytical depth to the subject. A “must read” in a time when our creative industries are being called upon to help re-build our shattered economy.’
– Charlotte Waelde, University of Exeter, UK

‘Professor Rahmatian is perhaps uniquely placed to offer a complete rethinking of the nature and function of copyright. Working with original materials in original languages, he spans the continental and common law traditions in a breathtaking synthesis of the varied justifications and uses (or misuses) of the concept of creativity as property.’
– Paul J. Heald, University of Georgia, US
Contents: Preface 1. Copyright as Property 2. Copyright-Property and the Public Domain: Explanations and Justifications 3. The Limitations to the Powers of Copyright Ownership 4. The Attribution and Allocation of Copyright-Property: Authorship, Creativity and Ownership 5. The Effects of Copyright-Property I: The Problem of Alienation 6. The Effects of Copyright-Property II: Neo-Feudal and Neo-Colonial Features of International Copyright Protection Conclusions Index