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The Intellectual Commons

Toward an Ecology of Intellectual Property

Henry C. Mitchell

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.
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Lexington Books
Pages: 236 • Trim: 6½ x 9⅜
978-0-7391-0948-9 • Hardback • March 2005 • $117.00 • (£90.00)
978-0-7391-1342-4 • Paperback • September 2005 • $51.99 • (£40.00)
Series: Lexington Studies in Social, Legal, and Political Philosophy
Subjects: Law / General, Law / Communications, Law / Intellectual Property / General, Law / Media & the Law, Law / Science & Technology, Philosophy / General, Technology & Engineering / General, Technology & Engineering / Telecommunications
Chett Mitchell is Adjunct Faculty at University of Notre Dame and Indiana University at South Bend.
Chapter 1 Preface
Chapter 2 Introduction
Chapter 3 Authors and Commons: Two Visions of Intellectual Property Rights
Chapter 4 An Overview of Intellectual Property
Chapter 5 Two Moments in the History of Copyright
Chapter 6 The Natural History of Intellectual Property
Chapter 7 Commons: The Third Form of Property
Chapter 8 The Intellectual Commons
Chapter 9 The Commons in History
Chapter 10 Social Utility and the Rise of the Imperial Author
Chapter 11 The Author Metaphor
Chapter 12 Ethical Issues of Patent Law: Equity and the Intellectual Commons
Chapter 13 Conclusions and Critique
Chapter 14 Appendix A - Economics: Some Definitions
Chapter 15 Appendix B - Property, Ownership, and Rights: A Framework
Chapter 16 Appendix C - The Statute of Anne

The Intellectual Commons

Toward an Ecology of Intellectual Property

Cover Image
Hardback
Paperback
Summary
Summary
  • 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.
Details
Details
  • Lexington Books
    Pages: 236 • Trim: 6½ x 9⅜
    978-0-7391-0948-9 • Hardback • March 2005 • $117.00 • (£90.00)
    978-0-7391-1342-4 • Paperback • September 2005 • $51.99 • (£40.00)
    Series: Lexington Studies in Social, Legal, and Political Philosophy
    Subjects: Law / General, Law / Communications, Law / Intellectual Property / General, Law / Media & the Law, Law / Science & Technology, Philosophy / General, Technology & Engineering / General, Technology & Engineering / Telecommunications
Author
Author
  • Chett Mitchell is Adjunct Faculty at University of Notre Dame and Indiana University at South Bend.
Table of Contents
Table of Contents
  • Chapter 1 Preface
    Chapter 2 Introduction
    Chapter 3 Authors and Commons: Two Visions of Intellectual Property Rights
    Chapter 4 An Overview of Intellectual Property
    Chapter 5 Two Moments in the History of Copyright
    Chapter 6 The Natural History of Intellectual Property
    Chapter 7 Commons: The Third Form of Property
    Chapter 8 The Intellectual Commons
    Chapter 9 The Commons in History
    Chapter 10 Social Utility and the Rise of the Imperial Author
    Chapter 11 The Author Metaphor
    Chapter 12 Ethical Issues of Patent Law: Equity and the Intellectual Commons
    Chapter 13 Conclusions and Critique
    Chapter 14 Appendix A - Economics: Some Definitions
    Chapter 15 Appendix B - Property, Ownership, and Rights: A Framework
    Chapter 16 Appendix C - The Statute of Anne

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