scholarly journals Tattoos and IP Norms

2016 ◽  
Author(s):  
Aaron Perzanowski
Keyword(s):  
Intellectual Property ◽  
Social Norms ◽  
Creative Industries ◽  
Legal Rights ◽  
Face To Face ◽  
Law And Policy ◽  
Descriptive Account ◽  
The Social ◽  
Original Works ◽  
Music Film

The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over copying or ownership of the works they create. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. And in contrast to other creative communities that rely on social norms because of the unavailability of formal intellectual property protection, the tattoo industry opts for self-governance despite the comfortable fit of its creative output within the protections of the Copyright Act.This Article relies on qualitative interview data drawn from more than a dozen face-to-face conversations with professionals in the tattoo industry. Based on those interviews, it offers a descriptive account of the social norms that have effectively displaced formal law within the tattoo community, provides a set of complementary cultural and economic explanations for the development of those norms, and outlines the broader implications of this research for intellectual property law and policy.

Owning the Body

2017 ◽  
Author(s):  
Aaron Perzanowski
Keyword(s):  
Social Norms ◽  
Copyright Protection ◽  
Qualitative Interview ◽  
The Body ◽  
Interview Data ◽  
Legal Rights ◽  
Descriptive Account ◽  
The Social

Aaron Perzanowski’s research on the tattoo industry provides one illustration of this phenomenon. Despite generating billions of dollars in annual revenue, the tattoo industry rarely relies on formal assertions of legal rights in disputes over copying or ownership of the creative works. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. But tattoo artists opt for self-governance despite the fact that their creations fit comfortably within the scope of copyright protection. This chapter offers a descriptive account, drawn from qualitative interview data, of the social norms that have overshadowed formal law within the tattoo community. It also provides a set of complementary cultural and economic explanations for the development of those norms.

New Korean Wave

2016 ◽  
Author(s):  
Dal Yong Jin
Keyword(s):  
Popular Culture ◽  
Creative Industries ◽  
Government Support ◽  
Global Context ◽  
South Korean ◽  
Korean Wave ◽  
Regional Interest ◽  
The Social ◽  
Hands On ◽  
Music Film

The 2012 smash Gangnam Style by the Seoul-based rapper Psy capped the triumph of Hallyu, the Korean Wave of music, film, and other cultural forms that have become a worldwide sensation. This book analyzes the social and technological trends that transformed South Korean entertainment from a mostly regional interest aimed at families into a global powerhouse geared toward tech-crazy youth. Blending analysis with insights from fans and industry insiders, the book shows how Hallyu exploited a media landscape and dramatically changed with the 2008 emergence of smartphones and social media, designating this new Korean Wave as Hallyu 2.0. Hands-on government support, meanwhile, focused on creative industries as a significant part of the economy and turned intellectual property rights into a significant revenue source. The book also delves into less-studied forms like animation and online games, the significance of social meaning in the development of local Korean popular culture, and the political economy of Korean popular culture and digital technologies in a global context.

scholarly journals Concept Generation

2021 ◽  
pp. 52-65
Author(s):  
Ben Landau
Keyword(s):  
Intellectual Property ◽  
Design Process ◽  
Creative Thinking ◽  
Creative Industries ◽  
Creative Industry ◽  
Concept Generation ◽  
Art Practice ◽  
Critical Position ◽  
The Social ◽  
Creative Workers

Concept Generation is an event where participants create new innovations from market led criteria and trade this intellectual property for beer and peanuts. This critical and comedic project engages participants with a design process appropriated from surrealist techniques, in order to glibly mine the depths of product and service niches, where creative industries have not yet ventured. This workshop investigates the spectrum between creative industries and aesthetic art practice and asks participants to form their own critical position. The social contract between the host and the participant is transparent – the event is free, but participants must create marketable ideas to pitch to the artist, in order to exchange their concept for a beer. The artist has sole right over the intellectual property. This exchange mirrors the exploitation of precarious creative workers, for whom work and lifestyle blend, where a workshop can also become a party. Concept Generation presents the mutability of work and leisure, of consumption and production, of art practice and creative industry, and of creative thinking and marketing. In a satire of ideation, participants are asked to sell their ridiculous idea, and many get carried away with the farce. Production is the only imperative, and the more ridiculous the ideas are, the more we believe they might actually succeed.

Introduction

2017 ◽  
Author(s):  
Aaron Perzanowski ◽  
Kate Darling
Keyword(s):  
Intellectual Property ◽  
Creative Industries ◽  
Legal Rights ◽  
Legal Intervention ◽  
The Public ◽  
Market Responses ◽  
The Core ◽  
Ip Law ◽  
The Way

This introduction provides the framework for the chapters that follow. It outlines the core assumptions of intellectual property (IP) law:  that creativity cannot thrive without legal rights of exclusion, that widespread copying is inevitable without legal intervention, and that law dictates the way the public interacts with creative works. And it summarizes a collection of studies of individual creative communities that reveal how those assumptions overlook the capacity of creative industries for self-governance and dynamic social and market responses to the appropriation of information. By revealing the on-the-ground practices of a range of previously ignored creators and innovators, the studies in this book uncover communities that force us to rethink the intellectual property orthodoxy.

scholarly journals The Role of National and International Intellectual Property Law and Policy in Reconceptualising the Definition of Investment

2021 ◽  
Vol 52 (2) ◽  
pp. 103-136
Author(s):  
Pratyush Nath Upreti
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Main Argument ◽  
Investment Arbitration ◽  
Law And Policy ◽  
The Social ◽  
Definition Of ◽  
Ip Law ◽  
Investment Agreements

AbstractThis article analyses the role of national and international intellectual property (IP) law in assessing IP as a protected investment. It offers two approaches for controlling investment arbitration related to intellectual property rights (IPRs), followed by an examination of the implications and challenges of those approaches. Its main argument is that even if a dispute arises from an investment (IP as an investment), it does not necessarily fall under the jurisdictional requirements of investment arbitration. Rather, assessing IP as an investment must be done by referring to national laws. This is more relevant in the case of IPRs as they are territorial. This means that rights and obligations are derived from national IP legislation. Essentially, only those IPRs that are “protected” by national regimes should be treated as investments. This article also examines the language used in investment agreements and arbitral awards to analyse the role of national law, particularly in determining the validity and scope of IP investments. Then it examines three IP-related arbitral cases to discuss how arbitral tribunals have used national law. Finally, it suggests approaches for controlling investment arbitration by integrating the territoriality principle and the social objectives and bargains achieved through international IP treaties.

scholarly journals Of Coase and Comics, or the Comedy of Copyright

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Comparative Analysis ◽  
Intellectual Property ◽  
Social Norms ◽  
Case Studies ◽  
Social Order ◽  
Original Study ◽  
Stand Up Comedy ◽  
The Social ◽  
The One ◽  
Property Regimes

This Essay responds to There’s No Free Laugh (Anymore): The Emergence of Intellectual Property Norms and the Transformation of Stand-Up Comedy, by Dotan Oliar and Christopher Sprigman. It argues that case studies of disciplines and domains that may be governed by intellectual property regimes are invaluable tools for comparative analysis of the respective roles of law and other forms of social order. The Essay examines the case of stand-up comedy under a lens that is somewhat broader than the one used by the authors of the original study, one that takes into account not only the social norms of individual comics themselves but also features of the entertainment market - and particularly the market for record albums - that shaped comics' incentives and behaviors and comic content itself.

The Rights of Noncitizens in the Territory

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Social Ties ◽  
Legal Rights ◽  
Fair Play ◽  
Moral Claim ◽  
Permanent Residence ◽  
The Social ◽  
The Right

Chapter 10 considers what is owed to noncitizens already present in the territory of democratic countries. It focuses on three groups of noncitizens: those admitted on a temporary basis, those who have been granted permanent residence, and those who have overstayed their temporary visas or entered the territory without authorization. What legal rights are these different groups of noncitizens morally entitled to? How should their claims be weighed against the right of states to control immigration? The chapter argues that the longer one lives in the territory, the stronger one’s moral claim to a more extensive set of rights, including the right to remain. The time spent living in a place serves as a proxy for the social ties migrants have developed (social membership principle) and for their contributions to collective life (fair-play principle).

Interpreting Heidegger on das Man (1995)

2017 ◽  
Keyword(s):  
Social Norms ◽  
Being And Time ◽  
The Social ◽  
Mode Of Being

In their debate over Dreyfus’s interpretation of Heidegger’s account of das Man in Being and Time, Frederick Olafson and Taylor Carman agree that Heidegger’s various characterizations of das Man are inconsistent. Olafson champions an existentialist/ontic account of das Man as a distorted mode of being-with. Carman defends a Wittgensteinian/ontological account of das Man as Heidegger’s name for the social norms that make possible everyday intelligibility. For Olafson, then, das Man is a privative mode of Dasein, while for Carman it makes up an important aspect of Dasein’s positive constitution. Neither interpreter takes seriously the other’s account, though both acknowledge that both readings are possible. How should one choose between these two interpretations? Dreyfus suggests that we choose the interpretation that identifies the phenomenon that the work is examining, gives the most internally consistent account of that phenomenon, and shows the compatibility of this account with the rest of the work.

The Social Consequences of Phubbing

2020 ◽  
pp. 157-174 ◽  
Author(s):  
Mariek Vanden Abeele
Keyword(s):  
Literature Review ◽  
Social Relationships ◽  
Empirical Work ◽  
Social Consequences ◽  
Future Research ◽  
Expectancy Violations ◽  
Face To Face ◽  
Comprehensive Literature Review ◽  
The Social

Recent empirical work suggests that phubbing, a term used to describe the practice of snubbing someone with a phone during a face-to-face social interaction, harms the quality of social relationships. Based on a comprehensive literature review, this chapter presents a framework that integrates three concurrent mechanisms that explain the relational impact of phubbing: expectancy violations, ostracism, and attentional conflict. Based on this framework, theoretically grounded propositions are formulated that may serve as guidelines for future research on these mechanisms, the conditions under which they operate, and a number of potential issues that need to be considered to further validate and extend the framework.

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