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Colonial CopyrightIntellectual Property in Mandate Palestine$
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Michael D. Birnhack

Print publication date: 2012

Print ISBN-13: 9780199661138

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199661138.001.0001

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Colonial Copyright

Colonial Copyright

Chapter:
(p.40) 2 Colonial Copyright
Source:
Colonial Copyright
Author(s):

Michael D Birnhack

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199661138.003.0003

This chapter continues the construction of the model that guides the discussion in the book, of colonial copyright. It adds to the previous, colonial transplant framework, the particular regulated subject matter of copyright law. The discussion highlights copyright’s ideological affiliation with the idea of progress, and its hidden assumptions as to the figure of the romantic author and about creativity, which are Eurocentric. The creative process and its characteristic as an intangible asset that easily crosses political borders are also examined. The latter feature of copyright law raises enforcement challenges and provides motivation to achieve extraterritorial protection on the imperial and international levels. Adding the particular subject matter of copyright law onto the previous frameworks produces colonial copyright, as a legal and cultural paradigm.

Keywords:   copyright law, idea of progress, romantic author, creativity, Eurocentric, intangibility, colonial copyright

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