About the Book
This book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to the significance of intellectual property in contemporary processes of globalization and political economy.
Table of Contents:
Part 1 Social and Cultural Histories of Intellectual Property; Chapter 1 The Genius and the Copyright: Economic and Legal Conditions of the Emergence of the ‘Author’, Martha Woodmansee; Chapter 2 Alexander Hamilton’s Alternative: Technology Piracy and the Report on Manufactures, Doron Ben-Atar; Chapter 3 Working Knowledge: Trade Secrets, Restrictive Covenants in Employment, and the Rise of Corporate Intellectual Property, 1800–1920, L. Fisk Catherine; Chapter 4 Reconstructing the Soul of Elvis: The Social Development and Legal Maintenance of Elvis Presley as Intellectual Property, David Wall; Chapter 5 Intellectual Property Piracy: The Narrative Construction of Deviance, Debora Halbert; Part 2 Globalization and the Politics of Intellectual Property; Chapter 6 Industry Strategies for Intellectual Property and Trade: The Quest for Trips, and Post-Trips Strategies, K. Sell Susan; Chapter 7 Intellectual Property, Corporate Strategy, Globalisation: Trips in Context, Peter Drahos, John Braithwaite; Chapter 8 Benefit Sharing for All?: Bioprospecting NGOs, Intellectual Property Rights, New Governmentalities, Kristin Peterson; Chapter 9 Neocolonialism, Anticommons Property, and Biopiracy in the (Not-So-Brave) New World Order of International Intellectual Property Protection, Aoki Keith; Chapter 10 Coding Free Software, Coding Free States: Free Software Legislation and the Politics of Code in Peru, Chan Anita; Part 3 Intellectual Property and the Public Domain; Chapter 11 The Second Enclosure Movement and the Construction of the Public Domain, Boyle James; Chapter 12 Nine-Tenths of the Law: The English Copyright Debates and the Rhetoric of the Public Domain, Rose Mark; Chapter 13 Theorizing the Public Domain: Copyright and the Development of A Cultural Commons, Debora Halbert; Part 4 Appropriating Indigenous Culture and Knowledge; Chapter 14 Can Culture Be Copyrighted? 1 My research on copyright and cultural appropriation was made possible by the financial support of Harry C. Payne, president of Williams College, and by the Francis C. Oakley Center for the Humanities and Social Sciences. Colleagues kind enough to comment upon an earlier draft include Sylvia Kennick Brown, David B. Edwards, Eduardo Fernandez, Jonathan Haas, John P. Homiak, Gary J. Jacobsohn, William L. Merrill, Molly H. Mullin, Sydel Silverman, Mark C. Taylor, and Alan Wolfe. Two anonymous reviewers also provided many helpful suggestions. Because some of these readers vigorously dispute the analysis offered here, my thanks for their help in no way implies their endorsement of my opinions., Michael F. Brown; Chapter 15 Indigenous People Incorporated? Culture as Politics, Culture as Property in Pharmaceutical Bioprospecting 1 At different stages various institutions made possible the field-work on which this article is based: the Social Science Research Council, the Wenner-Gren Foundation, the Fulbright program, the Tinker Foundation, and the University of Chicago’s Center for Latin American Studies. Manuela Carneiro da Cunha and the Participants in her intellectual property rights seminar at the University of Chicago read and commented on a very early draft of the paper in the winter of 2000. Since then several other readers have pushed me to improve the argument: Jean Comaroff, Michael Brown, Josh Rosenthal, Steve King, three anonymous reviewers, and probably others along the way. Most of my debt is due to Brendan Tobin, the members of the ICBG team, and several Aguaruna leaders and community members. Particularly deserving of mention are Walter and Memory Lewis, Rogerio Castro, Steve Caspers, Ricardo Apanu, Cesar and Jorge Sarasara, Evaristo Nugkuag, Jose Catip, Adolfo Juep, and all the other federation leaders. I retain full responsibility for any flaws in the ideas expressed here., Shane Greene; Chapter 16 The Human Genome Diversity Project: The Politics of Patents at the Intersection of Race, Religion, and Research Ethics * Address correspondence to Bita Amani, Faculty of Law, Macdonald Hall, Union Street, Queen’s University, Kingston, ON K7L 3N6, Canada. E-mail: amanib@post.queensu.cu; or to Rosemary J. Coombe, Canada Research Chair, Communication and Culture Program, TEL Building, Room 3007, 80 Pond Road, York University, 4700 Keele Street, Toronto, ON M3J 1P3, Canada. Telephone: (416) 736–2100 x30157., Bita Amani, Rosemary J. Coombe; Part 5 Resisting Intellectual Property; Chapter 17 Author/Izing the Celebrity: Publicity Rights, Postmodern Politics, and Unauthorized Genders, Rosemary J. Coombe; Chapter 18 Remote Control: The Rise of Electronic Cultural Policy, Siva Vaidhyanathan; Chapter 19 Open Source and Copyleft: Authorship Reconsidered?, Severine Dusollier; Chapter 20 Culture Wars on the Net: Intellectual Property and Corporate Propriety in Digital Environments, Rosemary J. Coombe, Andrew Herman;
About the Author :
William T. Gallagher is Professor at the Golden Gate University, USA and Santa Clara University, USA.
Review :
'... a very good reference manual...' Journal of Intellectual Property Rights
