Colonial Copyright

Michael D Birnhack

in Colonial Copyright

Published in print October 2012 | ISBN: 9780199661138
Published online January 2013 | e-ISBN: 9780191746147 | DOI:
Colonial Copyright

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This chapter continues the construction of the model that guides the discussion in the book, of colonial copyright. It adds to the previous, colonial transplant framework, the particular regulated subject matter of copyright law. The discussion highlights copyright’s ideological affiliation with the idea of progress, and its hidden assumptions as to the figure of the romantic author and about creativity, which are Eurocentric. The creative process and its characteristic as an intangible asset that easily crosses political borders are also examined. The latter feature of copyright law raises enforcement challenges and provides motivation to achieve extraterritorial protection on the imperial and international levels. Adding the particular subject matter of copyright law onto the previous frameworks produces colonial copyright, as a legal and cultural paradigm.

Keywords: copyright law; idea of progress; romantic author; creativity; Eurocentric; intangibility; colonial copyright

Chapter.  10410 words.  Illustrated.

Subjects: History of Law

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