Show Less
You do not have access to this content

Rethinking Intellectual Property

Balancing Conflicts of Interest in the Constitutional Paradigm

Gustavo Ghidini

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
Show Summary Details
You do not have access to this content

Chapter 3: From art to technology: copyright expansion and barriers: the evolving relation ‘right v. access’

Balancing Conflicts of Interest in the Constitutional Paradigm

Gustavo Ghidini

Extract





In the epochs prior to the Gutenberg revolution, the authors of literary, artistic, and scientific works were not granted own rights of economic utilization over the works they had created. Consequently their ‘labour condition’ – and economic status – depended either on the contractual terms imposed by publishers and booksellers,1 or the benign support of patrons (see below).

The modern copyright paradigm, which grants authors exclusive (and assignable) rights of utilization of their works, emerged with the advent of a publishing industry in the wake of the invention of a breakthrough technology: the moveable print type and the equally decisive invention of the book format in octavo by Aldo Manuzio.2 In truth, limited rights for authors had already made their first appearance as far back as the Renaissance, more precisely in the form of the privileges afforded by the Venetian Republic whereby printers could not publish the works of living authors without the latters’ consent. Then, the Statute of Anne, the most organic forerunner of modern copyright, granted protection to authors in terms of equal rights3 and no longer as a discretionary privilege. It was granted through a legal instrument that had the same general nature and rationale – exclusive right to copy and publish as a defence against free riding – as the privilege that had therefore been afforded to printers and publishers. These authors’ own rights were granted – as Bill Cornish poignantly notes – at the request of the Stationer’s Company ‘as a vehicle for advancing...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.