Halbert, Debora. “Poaching and Plagiarizing: Property, Plagiarism, and Feminist Futures.” In Perspectives on Plagiarism and Intellectual Property in a Postmodern World. Eds. Lise Buranen and Alice M. Roy, eds. Albany, NY: SUNY Press, 1999. 111-120.
Intellectual property laws and copyright should be eliminated in favor a view of intellectual property that emphasizes the creative potential of the commons and an attitude of acknowledging the sources of intellectual ideas and concepts. Such a view highlights the inherently social nature of creative activity, a perspective that challenges the patriarchal solitary author, who composes original thoughts and owns them as property through which to make a profit on. The alternative Halbert proposes is both feminist and postmodernist. Halbert also points out that arguments against plagiarism rooted in economic losses are misguided, explaining that plagiarism carries such weight because it is a personal offense and attack.
“If we can emphasize a framework focused on sharing and exchange instead of personal ownership, then the concept of authorship as identifying ‘to whom something owes its origin’ is acceptable” (118)
“Unlike a tangible item, an idea can be shared by many and ownership of expressions can be difficult to enforce” (119).
“Plagiarism is about personal feelings, not profits” (117).
“For the feminist and the postmodernist, appropriation or plagiarism are acts of sedition against an already established mode of knowing, a way of knowing indebeted to male creation and property rights” (116).
“Intellectual property rights restrict the flow of texts” (116).
“Copyright produces a tension between how texts are created (a process that relies on textual paching, exchange, and sharing) and how texts are legally protexted (a process reliant on originality and private property)” (111)
Outline of article: 1. explore partriarchal foundations (Locke and Hegel) of intellectual property and copyright law 2. look at current intersections of plagiarism, creativity, and property (case of Jeffrey Koons and “String of Puppies” wood carving) and 3. offer copyright alternative possibilities