This fourth volume in the series contains further exploration of the main themes considered in the first three volumes and brings together perspectives on copyright from law and legal theory, political economy, human rights, cultural studies and social theory.
New Directions in Copyright Law, Volume 4, offers insightful contributions from leading commentators on a range of issues affecting the development and direction of copyright law. The volume is divided into six parts. In the first part, the theoretical framework of copyright law is explored through the concepts of the market place of ideas and the public domain. While a number of chapters address substantive aspects of copyright law reform, the second part of the volume contains a chapter that marries substantive questions with issues around the mechanics, limitations and possibilities of the reform process. In the third part, two chapters consider the problematic notion of paternity rights from contrasting disciplinary perspectives. The interface between copyright law and the burgeoning of new technologies is considered through a range of theoretical and methodological approaches. In the fourth part of the volume legal theorists address issues around open access, open source, free software, and the implications of network theory for the relationship between copyright law and the Internet. Moving away from the concerns of so-called `high technology', the fifth part of the volume considers the equally fraught question of the protection of traditional knowledge and cultural property through an analysis of the limits of law. The final part of the volume, which deals with copyright's uncomfortable relationship with human rights, sees a return to issues around the new technologies with a focus on the political economy of open source software, and on the issue of information access and fundamental rights.
Edited by Fiona Macmillan, School of Law, Birkbeck, University of London, UK
Contents: Preface Fiona Macmillan PART I: THEORETICAL FRAMEWORK OF COPYRIGHT LAW 1. Copyright and `Market Power' in the Marketplace of Ideas Neil Weinstock Netanel 2. Cultural Expressions: From Common Source to Public Domain Lucky Belder PART II: GLOBALISATION, CONVERGENCE AND DIVERGENCE 3. Copyright Law Reform:Some Achievable Goals? Hector L. MacQueen PART III: DEVELOPMENTS IN RIGHTS NEIGHBOURING ON COPYRIGHT 4. Misattribution and Misrepresentation: The Claim of Reverse Passing Off as `Paternity' Right Jonathan Griffiths 5. It's a Wise Text that Knows its Own Father: Some Problems in Paternity Rights Stina Teilmann PART IV: COPYRIGHT AND THE NEW TECHNOLOGIES 6. Open Access, Open Source and Free Software: Is There a Copy Left? Johanna Gibson 7. The Copyright Web: Networks, Law and the Internet Andres Guadamuz Gonzalez PART V: PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURE 8. Copying Right: Cultural Property and the Limits of (Occidental) Law Peter Fitzpatrick and Richard Joyce PART VI: COPYRIGHT, CORPORATE POWER AND HUMAN RIGHTS 9. A Contribution to a Political Economy of Open Source and Free Culture David M. Berry 10. Information Access, Lex Digitalis and Fundamental Rights in Modern Copyright Law Guido Westkamp Index