The intellectual commons : toward an ecology of intellectual property / Henry C. Mitchell, Jr.

Format:

Book

Author/Creator:

Mitchell, Henry C., 1954-

Series:

Lexington studies in social, political, and legal philosophy

Language:

English

Subjects (All):

Intellectual property--Philosophy.

Intellectual property.

Physical Description:

xiii, 221 pages ; 24 cm.

Place of Publication:

Lanham, Md. : Lexington Books, [2005]

Summary:

The rapid emergence of digital media has created both new economic opportunities and new risks for authors, publishers, and users in regards to intellectual property. There is a theoretical conflict raging between those who believe information should be free and those attempting to protect intellectual property through surveillance and control of access. The Intellectual Commons works to develop a theory of intellectual property based on a theory of natural rights that assumes the existence of a "natural world" of intellectual resources. Henry C. Mitchell Jr. develops a moral framework that makes cooperation rather than conflict among the groups involved central to understanding intellectual property rights. Drawing on early modern theorists such as Grotius, Pufendorf, and Locke as well as the intellectual theory of copyright put forth by L. Ray Patterson, Mark Rose, and Michel Foucault, The Intellectual Commons presents a way to bring intellectual property theory and practice together. This book is an important addition to the intellectual property debate and a must-read for law students, communication theorists, and any person interested in the future of digital media rights.

Contents:

Authors and commons

two visions of intellectual property rights

An overview of intellectual property

Two moments in the history of copyright

The natural history of intellectual property

Commons

the third form of property

The intellectual commons

The commons in history

Social utility and the rise of the imperial author

The author metaphor

Ethical issues of patent law, equity, and the intellectual commons.

Notes:

Includes bibliographical references (pages 207-215) and index.

ISBN:

0739109480

OCLC:

57069564