Copyright And A Synergistic Society, Tracy Reilly
Jun 2017
Copyright And A Synergistic Society, Tracy Reilly
Tracy Reilly
Copyright and a Synergistic Society, is the second in a series of articles in which I analyze a disturbing moral and psychological trend that has arisen in contemporary copyright scholarship—the tendency to criticize and demoralize the individual author of creative works and glorify collectivist works of art, or those which are perceived to be created by groups of often unidentified and unrelated persons. This “groupthink” mentality, which has become a buzz word in copyright scholarship and is aided by the unrestrained digital proliferation of intellectual products, is a dangerous return to pre-industrialist principles of collectivism which threaten to harm the …
Copyright And The Tragedy Of The Commons, Tracy Reilly
Dec 2013
Copyright And The Tragedy Of The Commons, Tracy Reilly
Tracy Reilly
Copyright and the Tragedy of the Common is the first of a series of articles in which I analyze a disturbing moral and philosophical trend that has arisen in contemporary copyright scholarship—the tendency to criticize and demoralize the individual author of creative works and glorify collectivist or “common” works of art, or those which are perceived to be created by groups of often unidentified and unrelated persons. This “groupthink” mentality, which has become a buzz word in copyright scholarship and is aided by the unrestrained digital proliferation of intellectual products, is a dangerous return to pre-industrialist principles of collectivism which …
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Oct 2011
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Alfred C. Yen
In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.