You are looking at 1 - 5 of 5 items

  • Author or Editor: Chris Dent x
Clear All Modify Search
You do not have access to this content

Chris Dent

Regulation is the broad term for attempts to control or delimit the behaviour of individuals. When it comes to regulating the work of visual artists, there are a number of legal regimes that impact on what a visual artist may create – including copyright law and contractual obligations. These regimes can be understood in terms of normative practices. Other normative practices also bind the behaviour of visual artists, some of which stem from their discipline, others are simply societal. In order to consider the role of these systems, a multi-dimensional approach will be used. First, there is Julia Black’s theory of ‘decentred regulation’, infused with the work of Michel Foucault, and secondly, there is the notion of ‘motivators’ as adapted from behavioural economics. Taken together, these complementary frameworks facilitate a more complete understanding of the intersection of the work of artists and the law.

This content is available to you

Chris Dent

The law of trade marks is, now, reliant on the notion of ‘confusion’ between marks for the purposes of denying registration and of assessing infringement. Yet, this area of law is founded on the notion of deception – in the nineteenth century, a plaintiff had to show that the infringing mark would deceive consumers. This article takes a broad, socio-legal, approach to explore the factors that contributed to the introduction of ‘confusion’ into the legal discourse. These include the creation of the registration system itself; developments in the case law around the notion of ‘deception’, the breakdown of the rigidities in the law and the changes in how the system ‘saw’ the individual. This latter development involved the rise of utilitarianism, the acceptance of the ‘internal life’ of individuals and their possession of (potentially wrong) knowledge.

You do not have access to this content

Chris Dent

The focus of much of the analysis of the intellectual property (IP) system is on the role of IP rights as incentives. This neo-classical economics approach does not acknowledge the range of circumstances and decisions that constitute the IP system. If the work of behavioural economists is considered instead, then a more nuanced understanding is available. The research here adopts the concept of ‘motivators’ from the latter body of thought and applies it to decisions made around patents, copyright, trade marks and, in order to more fully explore the issues, know-how. Further, three sets of decisions will be considered – those before the innovation is created, those relating to the distribution of the creation and those relating to their unauthorized use. The analysis of the decisions will engage with the issues of risk, negotiation and the role of legal advice in some of the decisions; thereby rounding out the analysis of decisions in terms of the internal assessments of the parties themselves.

You do not have access to this content

Chris Dent

Inventions have been protected, in England, by patents since the sixteenth century. The patent system has undergone significant change since that time – in the nineteenth century, major legislative reforms were undertaken in the shadow of an abolitionist movement; and in the twentieth century, the system began to accommodate radical technological developments. This research applies insights from evolutionary theory, allowing a focus on the range of parties involved in the system and an acknowledgement of how these parties have changed as the system and society have developed.

You do not have access to this content

Chris Dent

Interactive entertainment poses particular regulatory challenges. More specifically, the democratization of technology and creativity has meant that there is no capacity for a governmental agency to effectively regulate the spread, and enjoyment, of allegedly problematic expressions. This article will explore this by contrasting the regulation of non-interactive entertainment (including Dada art and punk music) with more recent forms of (at times) transgressive expression (amateur pornography, video games and fake news). The analysis will be carried out in terms of the different motivations of the range of parties involved in the process (including creators, distributors, consumers and the broader public) and of the different conceptions of the consumer that are implicit in different modes of regulation. The complexity of the interactions means that there is no single regulatory solution; the historical exploration of the issue, nonetheless, suggests that interactivity may be no worse for society than the earlier forms of expression that were, at the time, deemed to be a threat to its moral fabric.