TY  - CHAP
AB  - Abstract This paper argues that the revolution in intellectual property rights is not forward-looking, but backward looking, and that it is not consonant with the purposes of the patent and copyright clause. It is animated by the theory of common law copyright, which deliberately reconceptualizes social relations in order to recast them as property, and which has been with us for centuries. This paper investigates the “mythology of common law copyright,” showing how this reconceptualization has worked both historically and in the present day to push the law in a direction that is ostensibly author-centered, but is actually focused on the rights of intermediaries.
VL  - 67
SN  - 978-1-78441-881-6, 978-1-78441-882-3/1059-4337
DO  - 10.1108/S1059-433720150000067004
UR  - https://doi.org/10.1108/S1059-433720150000067004
AU  - O’Melinn Liam Séamus
PY  - 2015
Y1  - 2015/01/01
TI  - Property without Bounds and the Mythology of Common Law Copyright
T2  - Special Issue: Thinking and Rethinking Intellectual Property
T3  - Studies in Law, Politics, and Society
PB  - Emerald Group Publishing Limited
SP  - 75
EP  - 117
Y2  - 2024/04/23
ER  -