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Copyright and Piracy
An Interdisciplinary Critique


Part of Cambridge Intellectual Property and Information Law

Isabella Alexander, Catherine Seville, Adrian Johns, David Lefranc, Jane Ginsburg, Anne Barron, Jonathan Aldred, Alan Durant, Graeme B. Dinwoodie, Jon Crowcroft, Jennifer Davis, Paul Clough, Tanya Aplin, Nick Groom, Daniel Mcclean, Jonathan Griffiths, Jason Toynbee, Johnson Okpaluba
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  • Date Published: October 2010
  • availability: Available
  • format: Hardback
  • isbn: 9780521193436

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About the Authors
  • An understanding of the changing nature of the law and practice of copyright infringement is a task too big for lawyers alone; it requires additional inputs from economists, historians, technologists, sociologists, cultural theorists and criminologists. Where is the boundary to be drawn between illegal imitation and legal inspiration? Would the answer be different for creators, artists and experts from different disciplines or fields? How have concepts of copyright infringement altered over time and how do such changes relate, if at all, to the cultural norms operating amongst creators in different fields? With such an approach, one might perhaps begin to address the vital and overarching question of whether strong copyright laws, rigorously enforced, impede rather than promote creativity. And what can be done to avoid any such adverse consequences, while maintaining the effectiveness of copyright as an incentive-mechanism for those who need it?

    • Interdisciplinary discussion of copyright and piracy examines the unauthorised exploitation of works of authorship from multiple perspectives
    • Each chapter matches a lawyer with a contributor from another discipline, introducing readers to different disciplinary approaches, and exposing non-lawyers to legal analysis
    • Extensive cross-disciplinary bibliography provides a basis for future research
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    Product details

    • Date Published: October 2010
    • format: Hardback
    • isbn: 9780521193436
    • length: 502 pages
    • dimensions: 229 x 152 x 27 mm
    • weight: 0.84kg
    • availability: Available
  • Table of Contents

    Part I. Introduction:
    1. Inspiration or infringement: the plagiarist in court Isabella Alexander
    Part II. History:
    2. Nineteenth-century Anglo-US copyright relations: the language of piracy versus the moral high ground Catherine Seville
    3. Language, practice and history Adrian Johns
    Part III. Comparative Law:
    4. The metamorphosis of contrefaçon in French copyright law David Lefranc (translated by Sebastien Oddos)
    5. A common lawyer's perspective on contrefaçon Jane Ginsburg
    Part IV. Economics:
    6. Copyright infringement, 'free-riding' and the lifeworld Anne Barron
    7. Copyright and the limits of law-and-economics analysis Jonathan Aldred
    Part V. Linguistics:
    8. 'Substantial similarity of expression' in copyright infringement actions: a linguistic perspective Alan Durant
    9. Refining notions of idea and expression through linguistic analysis Graeme B. Dinwoodie
    Part VI. Computer Software:
    10. Copyright, piracy and software Jon Crowcroft
    11. Of plots, puddings and draught-excluders: the law as it applies to the infringement of computer programs Jennifer Davis
    Part VII. Information Studies:
    12. Measuring text re-use in the news industry Paul Clough
    13. Reflections on measuring text re-use from a copyright law perspective Tanya Aplin
    Part VIII. Literature:
    14. Unoriginal genius: plagiarism and the construction of 'romantic' authorship Nick Groom
    15. The genius and the labourer: authorship in eighteenth- and nineteenth-century copyright law Isabella Alexander
    Part IX. Art:
    16. Piracy and authorship in contemporary art and the artistic commonwealth Daniel Mcclean
    17. Copyright's imperfect republic and the artistic commonwealth Jonathan Griffiths
    Part X. Sociology and Music:
    18. Reggae open source: how the absence of copyright enabled the emergence of popular music in Jamaica Jason Toynbee
    19. 'Free-riding on the riddim'? - Open source copyright law and reggae music in Jamaica Johnson Okpaluba.

  • Editors

    Lionel Bently, University of Cambridge
    Lionel Bently is Herchel Smith Professor of Intellectual Property Law, Director of the Centre for Intellectual Property and Information Law, and Professorial Fellow at Emmanuel College, University of Cambridge.

    Jennifer Davis, University of Cambridge
    Jennifer Davis is Herchel Smith College Lecturer in Intellectual Property Law and a member of the Centre for Intellectual Property and Information Law, University of Cambridge. She is also a Fellow of Wolfson College, Cambridge.

    Jane C. Ginsburg, Columbia University, New York
    Jane Ginsburg is Morton L. Janklow Professor of Literary and Artistic Property Law and Director of the Kernochan Center for Law, Media and the Arts at the Columbia University School of Law. She is also an Honorary Fellow of Emmanuel College, University of Cambridge.


    Isabella Alexander, Catherine Seville, Adrian Johns, David Lefranc, Jane Ginsburg, Anne Barron, Jonathan Aldred, Alan Durant, Graeme B. Dinwoodie, Jon Crowcroft, Jennifer Davis, Paul Clough, Tanya Aplin, Nick Groom, Daniel Mcclean, Jonathan Griffiths, Jason Toynbee, Johnson Okpaluba

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