Copyright and Its Discontents

Chapter 16 in Oxford Handbook of the Creative and Cultural Industries; Edited by Candace Jones, Mark Lorenzen, and Jonathan Sapsed; February 2015

16 Pages Posted: 4 Dec 2014 Last revised: 18 Jun 2015

See all articles by Martin Kretschmer

Martin Kretschmer

University of Glasgow - School of Law

Date Written: December 1, 2014

Abstract

Copyright has emerged as the Intellectual Property currency of the creative industries, to the extent that they are sometimes referred to as ‘the copyright industries’. Extending beyond copyright’s perceived role of protecting creators, this chapter considers how copyright law may not only reflect, but shape the creative industries as well as the content of cultural works. This ‘production of culture’ perspective is discussed against alternative views — the ‘abstract work’ concept associated with idealism, and the ‘romantic author’ hypothesis, explaining in effect authorial entitlements as analogous to ‘real property’. The chapter scans the horizon for reform of these proprietary principles in the contemporary context of the Internet. Where the distinction between production and consumption becomes fluid, copyright law may no longer be able to force a space for transactions based on exclusive rights.

Keywords: copyright, creative industries, production of culture

JEL Classification: K00, K42

Suggested Citation

Kretschmer, Martin, Copyright and Its Discontents (December 1, 2014). Chapter 16 in Oxford Handbook of the Creative and Cultural Industries; Edited by Candace Jones, Mark Lorenzen, and Jonathan Sapsed; February 2015, Available at SSRN: https://ssrn.com/abstract=2532345

Martin Kretschmer (Contact Author)

University of Glasgow - School of Law ( email )

CREATe, School of Law
10 The Square
Glasgow, G12 8QQ
United Kingdom

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