Introduction - Copyright, Communication & Culture: Towards a Relational Theory of Copyright Law

Carys Craig, COPYRIGHT, COMMUNICATION & CULTURE: TOWARDS A RELATIONAL THEORY OF COPYRIGHT LAW, Edward Elgar Press, 2011

Osgoode CLPE Research Paper No. 23/2011

11 Pages Posted: 15 Sep 2011 Last revised: 21 Oct 2014

See all articles by Carys J. Craig

Carys J. Craig

Osgoode Hall Law School, York University, Toronto

Date Written: September 1, 2011

Abstract

In this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity. Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a vibrant, participatory culture. Through a critical examination of the doctrines of originality and fair dealing, as well as the relationship between copyright and freedom of expression, she explores how this relational theory of copyright law could further the public purposes of the copyright system and the social values it embodies.

Keywords: copyright, culture, expression, authorship, originality, fair use

JEL Classification: K39, O31, O33, O34, O38, Z10

Suggested Citation

Craig, Carys J., Introduction - Copyright, Communication & Culture: Towards a Relational Theory of Copyright Law (September 1, 2011). Carys Craig, COPYRIGHT, COMMUNICATION & CULTURE: TOWARDS A RELATIONAL THEORY OF COPYRIGHT LAW, Edward Elgar Press, 2011; Osgoode CLPE Research Paper No. 23/2011. Available at SSRN: https://ssrn.com/abstract=1927485

Carys J. Craig (Contact Author)

Osgoode Hall Law School, York University, Toronto ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416 736 5189 (Phone)
416 736 5736 (Fax)

HOME PAGE: http://www.osgoode.yorku.ca

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