A Welcome Conversation: Toward a New Historiography of Intellectual Property

2018 ◽  
Vol 43 (03) ◽  
pp. 1113-1129
Author(s):  
Kali Murray
Keyword(s):  
Intellectual Property ◽  
Legal History ◽  
Social Practices ◽  
The Body ◽  
Property Law ◽  
Legal Concept ◽  
Narrative Structures ◽  
History Of ◽  
The Relationship ◽  
Insight Into

This essay considers what tools should be used to study the legal history of intellectual property. I identify three historiographical strategies: narration, contest, and formation. Narration identifies the diverse “narrative structures” that shape the field of intellectual property history. Contest highlights how the inherent instability of intellectual property as a legal concept prompts recurrent debates over its meaning. Formation recognizes how intellectual property historians can offer insight into broader legal history debates over how to consider the relationship between informal social practices and formalized legal mechanisms. I consider Kara W. Swanson's Banking on the Body: The Market in Blood, Milk and Sperm in Modern America (2014) in light of these historiographical strategies and conclude that Swanson's book guides us to a new conversation in the legal history of intellectual property law.

AI Narratives

2020 ◽  
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Ancient Greece ◽  
Historical Overview ◽  
Intelligent Machines ◽  
Narrative History ◽  
History Of ◽  
Imaginative Thinking ◽  
The Relationship ◽  
Insight Into

This book is the first to examine the history of imaginative thinking about intelligent machines. As real artificial intelligence (AI) begins to touch on all aspects of our lives, this long narrative history shapes how the technology is developed, deployed, and regulated. It is therefore a crucial social and ethical issue. Part I of this book provides a historical overview from ancient Greece to the start of modernity. These chapters explore the revealing prehistory of key concerns of contemporary AI discourse, from the nature of mind and creativity to issues of power and rights, from the tension between fascination and ambivalence to investigations into artificial voices and technophobia. Part II focuses on the twentieth and twenty-first centuries in which a greater density of narratives emerged alongside rapid developments in AI technology. These chapters reveal not only how AI narratives have consistently been entangled with the emergence of real robotics and AI, but also how they offer a rich source of insight into how we might live with these revolutionary machines. Through their close textual engagements, these chapters explore the relationship between imaginative narratives and contemporary debates about AI’s social, ethical, and philosophical consequences, including questions of dehumanization, automation, anthropomorphization, cybernetics, cyberpunk, immortality, slavery, and governance. The contributions, from leading humanities and social science scholars, show that narratives about AI offer a crucial epistemic site for exploring contemporary debates about these powerful new technologies.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

scholarly journals Music, Politics, and History: An Introduction

2021 ◽  
Vol 60 (2) ◽  
pp. 362-374
Author(s):  
David Kennerley
Keyword(s):  
Sound Studies ◽  
The Body ◽  
Future Research ◽  
Short Article ◽  
Distinctive Features ◽  
Music And Politics ◽  
Introductory Article ◽  
History Of ◽  
Eighteenth And Nineteenth Centuries ◽  
The Relationship

AbstractMusic has been steadily rising up the historical agenda, a product of the emergence of sound studies, the history of the senses, and a mood of interdisciplinary curiosity. This introductory article offers a critical review of how the relationship between music and politics has featured in extant historical writing, from classic works of political history to the most recent scholarship. It begins by evaluating different approaches that historians have taken to music, summarizes the important shifts in method that have recently taken place, and advocates for a performance-centered, contextualized framework that is attentive to the distinctive features of music as a medium. The second half examines avenues for future research into the historical connections between music and politics, focusing on four thematic areas—the body, emotions, space, and memory—and closes with some overarching reflections on music's use as a tool of power, as well as a challenge to it. Although for reasons of cohesion, this short article focuses primarily on scholarship on Britain and Ireland in the eighteenth and nineteenth centuries, its discussion of theory and methods is intended to be applicable to the study of music and political culture across a broad range of periods and geographies.

History of the formation and development of the institute of intellectual property in Japan

2021 ◽  
Vol 2021 (04-2) ◽  
pp. 207-213
Author(s):  
Viktor Shestak ◽  
Angelina Anikanova
Keyword(s):  
Intellectual Property ◽  
Legal System ◽  
State Policy ◽  
Property Law ◽  
Patent Office ◽  
High Court ◽  
Advanced Technologies ◽  
Economic Culture ◽  
Priority Direction ◽  
History Of

The development of the legal system of any country is impossible without the protection of intellectual property. Japan, as a country with an economic culture of exporting technologies and equipment, pays special attention to this issue. First of all, this is due to the priority direction of the state policy of Japan, a country of advanced technologies and innovations. The whole system of creation and protection of the intellectual property in Japan is regulated by the Copyright Act (Act No. 48 of 1970), Intellectual Property (Law No.122 of 2002), disputes shall be resolved in the Intellectual Property High Court, and the registration procedure takes place in the Japan Patent Office.

scholarly journals У каждого своя Сибирь. Два женских рассказа о депортации калмыков

2020 ◽  
Vol 12 (4) ◽  
pp. 778-800
Author(s):  
Elza-Bair M. Guchinova ◽  
Keyword(s):  
High School ◽  
Textual Analysis ◽  
Adaptation Strategies ◽  
The Body ◽  
Indigenous Populations ◽  
Young Generation ◽  
Inner Life ◽  
Life Choices ◽  
History Of ◽  
Insight Into

Introduction. The proposed publication consists of an introduction, texts of two biographical interviews and comments thereon. Both the conversations took place in Elista (2004, 2017) as part of the research project ‘Everyone Has One’s Own Siberia’ dedicated to the important period in the history of Kalmykia though not yet sufficiently explored by anthropologists and sociologists — the deportation of Kalmyks to Siberia (1943–1956) and related memories. Goals. The project seeks to show the daily survival practices of Kalmyks in Siberia. In the spontaneous biographical interviews focusing on the years of Kalmyk deportation, not only the facts cited are important — of which we would otherwise stay unaware but from the oral narratives — but also the introduced stories of inner life: feelings and thoughts of growing girls. Methods. The paper involves the use of textual analysis and the method of text deconstruction. Results. The transcribed texts show survival and adaptation strategies employed by the young generation of ‘special settlers’ in places of forced residence. For many Kalmyks of that generation, high school was a ‘glass ceiling’, a limitation in life choices. In the narrative of R. Ts. Azydova, we face a today unthinkable social package for KUTV students with children — this illustrates how the korenization policy for indigenous populations in the USSR worked, and provides insight into daily practices of pre-war Elista. The story of T. S. Kachanova especially clearly manifests the ‘language of trauma’, first of all, through the memory of the body, vocabulary of death and displays of laughter. The texts of the interviews shall be interesting to all researchers of Kalmyk deportation and the memory of that period.

scholarly journals Artificial Intelligence and Intellectual Property Law

2018 ◽  
Vol 7 (1) ◽  
pp. 83-98
Author(s):  
Swapnil Tripathi ◽  
Chandni Ghatak
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Liability ◽  
Property Law ◽  
Human Intervention ◽  
Intellectual Property Law ◽  
Insight Into ◽  
Artificial Intelligence Systems

Artificial intelligence systems have been gaining widespread momentum in today’s progressing tech-savvy world. With sophisticated technologies being incorporated in the same, it is only a matter of time these systems start to produce marvelous inventions without human intervention of any kind. This brings forth pertinent questions concerning Intellectual Property Rights, (IPR) for, it challenges not only traditional notions of concepts such as patents and copyrights, but also leads to the emergence of questions related to the regulation of such creations amidst others. This paper seeks to provide insight into the expanding scope of IPR laws and artificial intelligence, along with the inevitable challenges it brings from a worldwide lens on the matter. It also attempts to provide suggestions transcending IPR, and seeks to address questions concerning criminal liability for the content created by such technologies.

The Relationship Between Intellectual Property and Administrative Law

2021 ◽  
pp. 109-120
Author(s):  
Laurent Manderieux
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Direct Consequence ◽  
Administrative Law ◽  
Property Law ◽  
International Level ◽  
Intellectual Property Law ◽  
Law And Policy ◽  
The Relationship ◽  
Research Analysis

Intellectual property and administrative law entertain a long-standing, though ambiguous relationship. Intellectual property rights (IPR) depend on a number of institutions, and primarily from intellectual property offices granting several of them, which fall into the administrative structure of each country. The direct consequence of the relevance of administrative law for the research, analysis, and understanding of intellectual property law is that certain IP-related questions cannot be properly addressed without using the tool provided by administrative law. Indeed, intellectual property and administrative law partly overlap, as both branches of law are nationally characterized and country-specific, changing from country to country, and both have experienced significant changes related to globalization from the national to the international level. The growing regulation of intellectual property at the international level has somehow brought about an expansion of the intersection between intellectual property and administrative law and procedures. Therefore, complete, thorough research on intellectual property law and policy must take into account the conceptual tools and categories elaborated in administrative law.

Connecting Tort and Crime: Comparative Legal History in England and Spain since 1850

2009 ◽  
Vol 11 ◽  
pp. 247-288
Author(s):  
Matthew Dyson
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Complete System ◽  
Civil Law ◽  
Tort Law ◽  
The Other ◽  
Criminal Courts ◽  
English System ◽  
History Of ◽  
The Relationship

Abstract This chapter explores the relationship between tort law and criminal law. In particular it tracks one line of developments in the procedural co-ordination of criminal and civil law: the ability of criminal courts to award compensation for harm. It is a study of legal change or development: how and why law has evolved from the middle of the nineteenth century through to the present day. The chapter is also comparative, looking at the English and Spanish legal systems. The history of powers to compensate has highlighted two fundamentally different ways to resolve claims based on a concurrently tortious and criminal wrong. The English system has slowly moved from disparate and piecemeal provisions to a general if under-theorised system. On the other hand, Spain created a novel and complete system of liability to be administered by the criminal courts. This chapter seeks to trace and explain this development with a view to understanding how much civil and criminal law can perform the same function: compensation.

The paradoxical body: A glimpse of a deeper truth through relatives’ stories

2018 ◽  
Vol 26 (6) ◽  
pp. 1611-1622 ◽  
Author(s):  
Vibeke Bruun Lorentsen ◽  
Dagfinn Nåden ◽  
Berit Sæteren
Keyword(s):  
Research Process ◽  
The Body ◽  
The Other ◽  
Science Data ◽  
Data Services ◽  
The Core ◽  
Clinical Nursing ◽  
Cancer Experience ◽  
The Relationship ◽  
Insight Into

Background: People with progressive cancer experience that their bodies change due to disease and/or treatment. The body is integral to the unity of the human being, a unity that must be perceived as whole if dignity shall be experienced. Relatives are in touch with the suffering bodies of their dear ones, physically, socially, mentally, and existentially, and thus the relatives’ experiences of the bodies of their dear ones might yield insight into the concept of dignity. Aim: The aim of this study is to explore relatives’ experiences of the patients’ bodily changes from a perspective of dignity. Research design and method: A total of 12 relatives from a hospice in Norway were interviewed. Gadamer’s ontological hermeneutics inspired the interpretation. Ethical considerations: The principles of voluntariness, confidentiality, withdrawal, and anonymity were respected during the whole research process. The Norwegian Social Science Data Services approved the study. Results and conclusion: The conversations about the body were conversations about ambivalent or paradoxical matters that shed light on the concept of dignity. The results show that the relatives got in touch with elements that otherwise would have remained tacit and unspoken, and which gave glimpses of a deeper truth, which might reveal the core of dignity. Furthermore, the relatives’ confirmation of the ambivalence might be understood as a strong ethical obligation to treat the other with dignity. The confirmation may also reveal the relatives’ unselfish love of the other, which can be understood as the core of ethics and ethos. Finally, the results reveal the relatives’ limited insight into their dear ones’ bodily changes, and we discuss the challenges of truly seeing the other. Body knowledge and the relationship between body and dignity as phenomena cannot be ignored and needs more attention and articulation in clinical nursing practice and in nursing research.

The Body of Western Embodiment

2017 ◽  
Author(s):  
Brooke Holmes
Keyword(s):  
Fifth Century ◽  
The Body ◽  
Western Philosophy ◽  
Greek Philosophy ◽  
Ancient Greek ◽  
Interior Space ◽  
Ancient Greek Philosophy ◽  
History Of ◽  
Body And Soul ◽  
The Relationship

Much of western philosophy, especially ancient Greek philosophy, addresses the problems posed by embodiment. This chapter argues that to grasp the early history of embodiment is to see the category of the body itself as historically emergent. Bruno Snell argued that Homer lacked a concept of the body (sōma), but it is the emergence of body in the fifth century BCE rather than the appearance of mind or soul that is most consequential for the shape of ancient dualisms. The body takes shape in Hippocratic medical writing as largely hidden and unconscious interior space governed by impersonal forces. But Plato’s corpus demonstrates that while Plato’s reputation as a somatophobe is well grounded and may arise in part from the way the body takes shape in medical and other physiological writing, the Dialogues represent a more complex position on the relationship between body and soul than Plato’s reputation suggests.

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