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3 - Copyright

Published online by Cambridge University Press:  01 November 2019

Gordon Hull
Affiliation:
University of North Carolina, Charlotte
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Summary

This chapter assesses the neoliberalization of copyright law.It begins with the historical emergence of copyright as a form of public biopolitics.It then looks at three areas where copyright has become neoliberal.The first is incentives theory, which treats all creation as an economic calculation geared toward market rewards.I outline the theory, and show how it works not just to model, but to produce a certain kind of creator, to the exclusion of other forms of creativity.The second is litigation around hip-hop sampling.Here the demand for licensing works to nudge music into commercial channels, where all cultural borrowing is mediated through market transactions.The third is the recent expansion of copyright into what scholars have termed “paracopyright”: a prohibition on circumventing copyright protection technologies, which generally function as forms of “digital rights management” (DRM). Through a detailed examination of how DRM technologies (such as the regional restrictions on DVDs) function, I show how this addition to the law clearly marks a move in the direction of copyright into training individuals that they are consumers of the products of culture.

Type
Chapter
Information
The Biopolitics of Intellectual Property
Regulating Innovation and Personhood in the Information Age
, pp. 59 - 97
Publisher: Cambridge University Press
Print publication year: 2020

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  • Copyright
  • Gordon Hull, University of North Carolina, Charlotte
  • Book: The Biopolitics of Intellectual Property
  • Online publication: 01 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108687232.004
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  • Copyright
  • Gordon Hull, University of North Carolina, Charlotte
  • Book: The Biopolitics of Intellectual Property
  • Online publication: 01 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108687232.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Copyright
  • Gordon Hull, University of North Carolina, Charlotte
  • Book: The Biopolitics of Intellectual Property
  • Online publication: 01 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108687232.004
Available formats
×