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Intellectual Property Law

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xiaoxiang shi

2010

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Full-Text Articles in Law

Reconceptualising Copyright Law For The Creative Economy Through The Lens Of Evolutionary Economics, Sampsung Xiaoxiang Shi, Brian Fitzgerald Jan 2010

Reconceptualising Copyright Law For The Creative Economy Through The Lens Of Evolutionary Economics, Sampsung Xiaoxiang Shi, Brian Fitzgerald

xiaoxiang shi

Modern innovation theory posits the notion of “information flow” as a key ingredient of innovation. In turn copyright law is a key determinant of “information flow”. While copyright law is meant to incentivise creativity in order to promote the dissemination or flow of information - in recent years - copyright law has acted to inhibit information flow. In this chapter we argue that copyright law needs to be recast in a way that promotes information flow.


A Relational Theory Of Authorship, Sampsung Xiaoxiang Shi, Brian Fitzgerald Jan 2010

A Relational Theory Of Authorship, Sampsung Xiaoxiang Shi, Brian Fitzgerald

xiaoxiang shi

Over the years we have heard the debate as to whether authorship emanates solely from the individual or from the cultural context in which they inhabit. Writers such as Professors Woodmansee, Jaszi and Cohen have asserted a cultural theory of authorship. On one hand, there is the liberal philosophy of autonomous creativity evidenced in the notion of a “romantic author” (after the period known as romanticism). On the other hand we have more of a communitarian notion – that the author acts in a cultural context and authorship to some extent must be linked back to the social existence within …