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Common Knowledge: Epistemology And The Beginnings Of Copyright Law, Jonathan Scott Enderle
Common Knowledge: Epistemology And The Beginnings Of Copyright Law, Jonathan Scott Enderle
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Literary critics’ engagement with copyright law has often emphasized ontological questions about the relation between idealized texts and their material embodiments. This essay turns toward a different set of questions—about the role of texts in the communication of knowledge. Developing an alternative intellectual genealogy of copyright law grounded in the eighteenth-century contest between innatism and empiricism, I argue that jurists like William Blackstone and poets like Edward Young drew on Locke’s theories of ideas to articulate a new understanding of writing as uncommunicative expression. Innatists understood texts as tools that could enable transparent communication through a shared stock of innate …
Moral Rights And Supernatural Fiction: Authorial Dignity And The New Moral Rights Agendas, Jacqueline D. Lipton
Moral Rights And Supernatural Fiction: Authorial Dignity And The New Moral Rights Agendas, Jacqueline D. Lipton
Articles
In recent years, several scholars have revisited the question of moral rights protections for creators of copyright works in the United States. Their scholarship has focused on defining a moral rights agenda that comports with American constitutional values, as well as being practically suited to current copyright business practices. Much of this scholarship has prioritized a right of attribution over other moral rights, such as the right of integrity. This Article evaluates some of these recent moral rights models in light of a sample of comments made by American supernatural fiction authors about their works. The Author questions whether the …