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Making and Unmaking Intellectual Property

Creative Production in Legal and Cultural Perspective
  • Edited by: Mario Biagioli , Peter Jaszi and Martha Woodmansee
Language: English
Published/Copyright: 2011
View more publications by University of Chicago Press

About this book

Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed.

Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.

Author / Editor information

Mario Biagioli is distinguished professor of law and science and technology studies and director of the Center for Innovation Studies at the University of California, Davis. Peter Jaszi is professor of law and director of the Glushko-Samuelson Intellectual Property Clinic at American University's Washington College of Law. Martha Woodmansee is professor of English and law at Case Western Reserve University and a founding director of the International Society for the History and Theory of Intellectual Property.

Reviews

Making and Unmaking Intellectual Property gathers a wonderful collection of essays on the theme of intellectual property: its origins, its practices and materialities, its preoccupations, its assumptions and ways of thinking, its limitations and effects, and its alternatives. Filled with fascinating research and clear insights, this book will be of great importance not only to intellectual property scholars but to those in many of the disciplines that engage this subject, including literature, film studies, business law, and the history of science. The body of innovative work presented here will become a key reference point for scholars over the next decade.”

— Lionel Bently, Cambridge University

“Here's a simple prayer: Let no new law regarding ‘intellectual property’ be passed until all legislators have absorbed the treasures contained in this wonderful collection of essays.”

— Lewis Hyde, Kenyon College

“I have little doubt that this collection—with its wide-ranging, multidisciplinary approach—will join the ranks of intellectual property’s most defining works. A lucid survey of the field, Making and Unmaking Intellectual Property will serve as a point of entry for readers of various disciplines interested in going beyond the popular but often unsophisticated and uninformed debates around general intellectual property. The essays presented here illuminate in deep ways the genealogy and nature of the questions posed by IP, while engaging in diverse methodologies. Insightful, smart, and great fun, this book will be extremely useful for intellectual property’s rich history and current predicaments.”

— Matthew Jones, Columbia University

“The essays . . . [shed] light on particular, sometimes quixotic, twists and turns in modernity’s efforts to nourish and reward the fruits of human invention. Making and Unmaking Intellectual Property is worth having on the shelf . . . because it brings between covers essays by many prominent historians, anthropologists, and literary scholars working on IP.”
— Isis

"Offers compelling insights that challenge central ideas and primary narratives about intellectual property (IP); it also presents new perspectives and methodologies for some well-known areas of IP that dominate scholarly and popular literature and consistently confronts simplified dichotomous IP positions, such as the individual versus the collective, private versus public domains, tangible versus intangible properties, and legality versus illegality, revealing more complex dynamics at work. . . . This book presents exceptional research, perceptive conclusions, and new knowledge that could help influence the future production of culture and formation of IP law."
— Sehepunkte


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I. High and Low: IP Practices and Materialities

Mario Biagioli
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25

Kara W. Swanson
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William J. Rankin
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II. Before and after the Commons and Traditional Knowledge

Rosemary J. Coombe
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Marilyn Strathern
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99

Marc Perlman
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115

Christopher Kelty
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Yochai Benkler
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149
III. IP Crimes and Other Fictions

Lawrence Liang
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167

Martha Woodmansee
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181

Adrian Johns
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199

Tarleton Gillespie
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215

Peter DiCola
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IV. Old Things into New IP Objects

Daniel J. Kevles
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253

Alain Pottage and Brad Sherman
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269

Cori Hayden
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285

Jonathan Kahn
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Pamela Samuelson
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V. Doing and Undoing Collaborative IP

Evelyn Lincoln
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339

Tim Lenoir and Eric Giannella
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359

Dotan Oliar and Christopher Sprigman
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385

Fiona Murray
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399

Peter Jaszi
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Publishing information
Pages and Images/Illustrations in book
eBook published on:
July 31, 2015
eBook ISBN:
9780226172491
Pages and Images/Illustrations in book
Main content:
480
Other:
39 halftones, 3 line drawings, 7 tables
Downloaded on 15.9.2025 from https://www.degruyterbrill.com/document/doi/10.7208/9780226172491/html
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