Critical Perspectives on the History and Philosophy of Copyright

Abstract

The philosophy of intellectual property reifies economic rationalism as a natural human trait and assumes that, without mechanisms such as copyrights and patents, human beings would cease to be intellectually and artistically creative. To discover the roots of this assumption, this article employs a theoretical combination of political economy and the cultural history of communications to locate the origins of the concept of literary property. With attention directed toward the modes and relations of production and communication, this study reveals that the rise of capitalism and the development of the printing press are the keys to understanding the emergence of intellectual property law and how it serves as the basis for the “enclosure” of the intellectual and cultural “commons.”