Copyright and Creativity

Copyright and Creativity

The Making of Property Rights in Creative Works

Andreas Rahmatian

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.

Preface

Andreas Rahmatian

Subjects: law - academic, intellectual property law

Extract

The importance of copyright in law and modern society cannot be overemphasised today. But it is not only the growing share of the ‘creative industries’ in the economy which indicates that importance. Copyright also provides an increasingly relevant and powerful legal device for the total commercialisation of humans and things that engulfs every aspect of human life in accordance with the prevalent ideology of the globalised market. The creed of the all-encompassing market resorts more and more to copyright to achieve its objectives, and copyright in its versatility serves these objectives exceptionally well. This book 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, on the European continent, droit d’auteur. It deals with the role of philosophical and economic justifications for the legal artifices of property and copyright-property as critically informed confirmation of the present state of affairs, and it looks at the relationship of copyright to the ‘public domain’. The discussion will then focus on the legal powers and inherent limitations of the property right of copyright. The book will also examine the popular ‘death of the author’ ideology that is based on a questionable interpretation of intellectual history, and it will show that the true effect of this school of thought is to liquidate the individual human...