身陷囹圄的知识产权

IF 1.1 Q2 LAW
Frantzeska Papadopoulou Skarp
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引用次数: 0

摘要

本文研究了在监狱中创造知识产权的条件以及囚犯行使这些权利的可能性。文章主要从瑞典的角度出发,同时也参考了美国监狱中狱中创作的创意作品案例。这两种监狱制度差别很大,但从美国的经验中可以得出一些有趣的结论,在对待监狱中受版权保护作品的方式上也有一些意想不到的相似之处。文章的第一部分讨论了瑞典监狱制度的演变以及监狱工作和业余活动的管理。文章简要介绍了版权制度,重点阐述了当作者是囚犯时版权的运作方式。此外,文章还举例说明了美国监狱计划导致创作受版权保护作品的情况,以及美国法律体系如何处理囚犯创作作品的版权所有权问题。回到瑞典,文章反思了最近导致囚犯创作的书籍出版的两个写作计划,以及 "监狱制造 "品牌产品的命运。文章还调查了另一个项目--Krimtech 项目,该项目涉及囚犯对知识产权的其他形式投入,即数据收集。福柯理论提供了一个理论框架,在此框架下讨论和分析了作者平等的版权法原则与实际执行之间的差异,以及监狱法规在这方面的影响。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Intellectual property rights behind bars
This article investigates the conditions under which intellectual property rights are created in prison as well as the possibilities inmates are given to exercise these rights. The article adopts a predominantly Swedish perspective, while it also refers to illustrative examples of cases of creative works created behind bars in US prisons. The two penitentiary systems differ considerably, but there are some interesting conclusions to be drawn from the US experience and some unexpected similarities that may be noted in the way copyright protected works made in prison are treated. The article discusses, in its first part, the evolution of the penitentiary system in Sweden and the regulation of penal work and leisure times activities. The copyright system is briefly presented with a focus on the way copyright operates when the author is an inmate. Furthermore, the article provides illustrations of prison programmes that have resulted in the creation of copyright-protected works in the US, and how the US legal system has dealt with the question of copyright ownership of works created by inmates. Turning back to Sweden, the article reflects on the two writing programmes that have recently led to book publications authored by inmates, as well as on the fate of the ‘made in prison’ branded products. The article investigates yet another project, the Krimtech project that concerns other forms of inmate input to intellectual property, namely, the collection of data. The Foucauldian theory provides a theoretical umbrella under which the discrepancies between the copyright-law principle of equality of authors, and the actual practical implementation as well as the impact prison regulation has in this respect is discussed and analysed.
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来源期刊
CiteScore
1.60
自引率
28.60%
发文量
29
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