Making and Unmaking Intellectual Property:Creative Production in Legal and Cultural Perspective
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed.
Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.
Table of Contents
Acknowledgments vii Introduction 1 I. High and Low: IP Practices and Materialities 1. Patent Specification and Political Representation: How Patents Became Rights / Mario Biagioli 25 2. Authoring an Invention: Patent Production in the Nineteenth-Century United States / Kara W. Swanson 41 3. The "Person Skilled in the Art" Is Really Quite Conventional: U.S. Patent Drawings and the Persona of the Inventor, 1870--2005 / William J. Rankin 55 II. Before and After the Commons and Traditional Knowledge 4. Cultural Agencies: The Legal Construction of Community Subjects and Their Properties / Rosemary J. Coombe 79 5. Social Invention / Marilyn Strathern 99 6. From "Folklore" to "Knowledge" in Global Governance: On the Metamorphoses of the Unauthored / Marc Perlman 115 7. Inventing Copyleft / Christopher Kelty 133 8. Designing Cooperative Systems for Knowledge Production: An Initial Synthesis from Experimental Economics / Yochai Benkler 149 III. IP Crimes and Other Fictions 9. Beyond Representation: The Figure of the Pirate / Lawrence Liang 167 10. Publishers, Privateers, Pirates: Eighteenth-Century German Book Piracy Revisited / Martha Woodmansee 181 11. The Property Police / Adrian Johns 199 12. Characterizing Copyright in the Classroom: The Cultural Work of Antipiracy Campaigns / Tarleton Gillespie 215 13. An Economic View of Legal Restrictions on Musical Borrowing and Appropriation / Peter Dicoia 235 IV. Old Things Into New IP Objects 14. New Blood, New Fruits: Protections for Breeders and Originators, 1789--1930 / Daniel J. Kevles 253 15. Kinds, Clones, and Manufactures / Brad Sherman 269 16. No Patent, No Generic: Pharmaceutical Access and the Politics of the Copy / Cori Hayden 285 17. Inventing Race as a Genetic Commodity in Biotechnology Patents / Jonathan Kahn 305 18. The Strange Odyssey of Software Interfaces as Intellectual Property / Pamela Samuelson 321 V. Doing and Undoing Collaborative IP 19. Invention, Origin, and Dedication: Republishing Women's Prints in Early Modern Italy / Evelyn Lincoln 339 20. Technological Platforms and the Layers of Patent Data / Eric Giannella 359 21. Intellectual Property Norms in Stand-Up Comedy / Christopher Sprigman 385 22. Patenting Life: How the Oncomouse Patent Changed the Lives of Mice and Men / Fiona Murray 399 23. Is There Such a Thing as Postmodern Copyright? / Peter Jaszi 413 Contributors 429 Citation Index 437 Subject Index 449
Jaszi, Peter; Biagioli, Mario; and Woodmansee, Martha, "Making and Unmaking Intellectual Property:Creative Production in Legal and Cultural Perspective" (2011). Books. 40.