“Authorial Cartographies: Mapping Proprietary Borders in a Less Than Brave New World”
“Authorial Cartographies: Mapping Proprietary Borders in a Less Than Brave New World.” Stanford Law Review 48(5): 1357-1366.
Abstract: They’re burning Bambi in Bangkok … and Disney executives couldn’t be happier. I want to further develop this; first to situate it historically, then to show how the author-function is at work in contemporary practices of map-making (mapping the biosphere and, it could be argued, mapping the genome.) Finally, I will return to the so-called globalization of intellectual property rights to ask some questions about the global and its relation to what I have elsewhere termed gloca-cola-nation. It is something more than a coda, however, to add that the European bourgeois public sphere was forged precisely during a period of global European expansion and colonial occupation. Moreover, a case can be made that, like so many other Enlightenment concepts, Romantic tropes, and liberal legal principles, the constitutive elements of the author/work relationship were forged and articulated on colonial terrain in encounters with cultural others. Intellectual property laws (copyright, trademark, and publicity rights, specifically) enable author/owners to expropriate meanings and values generated by the creative activities of others – to prohibit them and/or to claim them as their own. Disney used its copyright and trademark interests in the Donald Duck characters in attempts to limit the circulation of the critical texts.
Date Published: 1996
Publisher: Stanford Law Review
Publisher Website: https://www.stanfordlawreview.org/