"I have a patent lawyer on my payroll" : intellect v. intellectual property rights : a battle over the cultural commons

Over the last 20 years, markets have come to dominate the way ââ"šÂ¬Ã‹Å“resourcesââ"šÂ¬Ã¢"žÂ¢ are managed. The expansion of the market doctrine has at its core the belief that appropriate private property rights are the best way to promote innovation and protect freedoms. The scramble over private property rights is now well entrenched in the intellectual property arena, with countless examples of patents entering areas that once seemed inconceivable. This article moves from Bollierââ"šÂ¬Ã¢"žÂ¢s (2002) discussion of the concept to argue that intellect, rather than being a commodity that is promoted by private property rights, is rather a commons ââ"šÂ¬Ã¢â‚¬Å“ more specifically a ââ"šÂ¬Ã‹Å“cultural commonsââ"šÂ¬Ã¢"žÂ¢. As such, the process of commodification turns intellect into intellectual property ââ"šÂ¬Ã¢â‚¬Å“ limiting its availability. As a commons, if intellect is to be promoted, it must be open and shared in the public sphere. In contrast to the ongoing commodification of all aspects of life, social movements and academics are beginning to rediscover the commons. This rediscovery now takes the battle between the dominant forces of free market fundamentalism and those who oppose them, into the cultural sphere.