When first written into the Constitution, intellectual property aimed to facilitate ‘progress of science and the useful arts’ by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of ‘progress’ may pertain to more basic, human values, redirecting IP’s emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today’s internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of ‘progress’ and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.
Inhoudsopgave
Introduction: Is Progress More?
1. Everyone’s a Photographer Now: The Case of Digital Photography
2. Equality
3. Privacy
4. Distributive Justice (or ‘Fairer Uses’)
5. Precarity and Institutional Failures
Conclusion
Over de auteur
Jessica Silbey is Professor of Law at the Boston University School of Law. She is the author of
The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property (Stanford, 2015), and was a Guggenheim Fellow in 2018.
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