The outer limits of copyright law - Where law meets philosophy and culture

被引:0
|
作者
Bowrey K. [1 ]
机构
[1] School of Law, University of New South Wales, Sydney
关键词
Authorship; Commodification; Copyright; Culture; Indigenous rights; Jurisprudence; Literary theory; Philosophy; Positivism; Romanticism; Technological neutrality;
D O I
10.1023/A:1011289228679
中图分类号
学科分类号
摘要
This article engages in a cultural critique of copyright law. The point is to explain how and why this body of law is culturally exclusive, notwithstanding the claims made by judges and others that the law is culturally open and inclusive. This involves a discussion of the relationship between philosophy and law, and of how this nexus has been misrepresented by the courts and in recent writings on the subject. Analysis centres on a discussion of Australian case law involving indigenous claims of communal ownership of copyright and the treatment of technology when it comes to attributing authorship. © 2001 Kluwer Academic Publishers.
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页码:75 / 98
页数:23
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