Johann Gottlieb Fichte, and the Trap of Inhalt (CONTENT) and Form
Authors: Kawohl, F. and Kretschmer, M.
Journal: Information Communication and Society
Volume: 12
Issue: 2
Pages: 205-228
eISSN: 1468-4462
ISSN: 1369-118X
DOI: 10.1080/13691180802459955
Abstract:In the digital environment, copyright law has become trapped in an assessment of what has been taken, rather than what has been done with copied materials and elements. This expands the scope of copyright into areas where it should not find infringement (such as sampling, mash-ups and other transformative uses) while encouraging activities that are problematic (such as hiding sources). This article argues that the trap was laid by the German idealist philosopher Johann Gottlieb Fichte whose influential 1793 article 'Proof of the Unlawfulness of Reprinting' for the first time distinguishes Inhalt (i.e. content free to all) and Form (i.e. the author's inalienable expression) as copyright categories. It is shown that Fichte's structure conflates norms of communication and norms of transaction. An alternative path for copyright law in an information society is sketched from a separation of these norms: copying should be assessed from (i) the attribution of sources, and (ii) the degree to which original and derivative materials compete with each other. Throughout the article, transformative practices in music set the scene. © 2009 Friedemann Kawohl and Martin Kretschmer.
https://eprints.bournemouth.ac.uk/9252/
Source: Scopus
JOHANN GOTTLIEB FICHTE, AND THE TRAP OF <i>INHALT</i> (CONTENT) AND <i>FORM</i> An information perspective on music copyright
Authors: Kawohl, F. and Kretschmer, M.
Journal: INFORMATION COMMUNICATION & SOCIETY
Volume: 12
Issue: 2
Pages: 205-228
eISSN: 1468-4462
ISSN: 1369-118X
DOI: 10.1080/13691180802459955
https://eprints.bournemouth.ac.uk/9252/
Source: Web of Science (Lite)
Johann Gottlieb Fichte, and the Trap of Inhalt (Content) and Form: An Information Perspective on Music Copyright
Authors: Kretschmer, M. and Kawohl, F.
Journal: Information, Communication and Society
Volume: 12
ISSN: 1369-118X
Abstract:In the digital environment, copyright law has become trapped in an assessment of what has been taken, rather than what has been done with copied materials and elements. This expands the scope of copyright into areas where it should not find infringement (such as sampling, mash-ups and other transformative uses) while encouraging activities that are problematic (such as hiding sources). This article argues that the trap was laid by the German idealist philosopher Johann Gottlieb Fichte whose influential 1793 article Proof of the Unlawfulness of Reprinting for the first time distinguishes Inhalt (i.e. content free to all) and Form (i.e. the author’s inalienable expression) as copyright categories. It is shown that Fichte’s structure conflates norms of communication and norms of transaction. An alternative path for copyright law in an information society is sketched from a separation of these norms: copying should be assessed from (i) the attribution of sources, and (ii) the degree to which original and derivative materials compete with each other. Throughout the article, transformative practices in music set the scene.
https://eprints.bournemouth.ac.uk/9252/
Source: Manual
Johann Gottlieb Fichte, and the Trap of Inhalt (Content) and Form: An Information Perspective on Music Copyright
Authors: Kretschmer, M. and Kawohl, F.
Journal: Information, Communication and Society
Volume: 12
Issue: 2
ISSN: 1369-118X
Abstract:In the digital environment, copyright law has become trapped in an assessment of what has been taken, rather than what has been done with copied materials and elements. This expands the scope of copyright into areas where it should not find infringement (such as sampling, mash-ups and other transformative uses) while encouraging activities that are problematic (such as hiding sources). This article argues that the trap was laid by the German idealist philosopher Johann Gottlieb Fichte whose influential 1793 article Proof of the Unlawfulness of Reprinting for the first time distinguishes Inhalt (i.e. content free to all) and Form (i.e. the author’s inalienable expression) as copyright categories. It is shown that Fichte’s structure conflates norms of communication and norms of transaction. An alternative path for copyright law in an information society is sketched from a separation of these norms: copying should be assessed from (i) the attribution of sources, and (ii) the degree to which original and derivative materials compete with each other. Throughout the article, transformative practices in music set the scene.
https://eprints.bournemouth.ac.uk/9252/
Source: BURO EPrints