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Skilled workers of the early nineteenth century enjoyed a degree of professional independence because workplace knowledge and technical skill were their "property," or at least their attribute. In most sectors of today's economy, however, it is a foundational and widely accepted truth that businesses retain legal ownership of employee-generated intellectual property.

In Working Knowledge, Catherine Fisk chronicles the legal and social transformations that led to the transfer of ownership of employee innovation from labor to management. This deeply contested development was won at the expense of workers' entrepreneurial independence and ultimately, Fisk argues, economic democracy.

By reviewing judicial decisions and legal scholarship on all aspects of employee-generated intellectual property and combing the archives of major nineteenth-century intellectual property-producing companies--including DuPont, Rand McNally, and the American Tobacco Company--Fisk makes a highly technical area of law accessible to general readers while also addressing scholarly deficiencies in the histories of labor, intellectual property, and the business of technology.

Table of Contents

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  1. Cover
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  1. Title Page, Copyright, Dedication
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  1. Contents
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  1. Acknowledgments
  2. pp. ix-xii
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  1. Introduction
  2. pp. 1-18
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  1. PART I: WORKPLACE KNOWLEDGE AS A PERSONAL ATTRIBUTE, 1800–1860
  2. pp. 19-22
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  1. 1. Stealing in the Dark the Improvements of Others
  2. pp. 23-58
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  1. 2. The Genius Which Conceived and the Toil Which Compiled the Book
  2. pp. 59-74
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  1. PART II: FREE LABOR, FREE ENTERPRISE, AND THE FREEDOM TO CONTRACT OVER INNOVATION, 1860–1895
  2. pp. 75-86
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  1. 3. If These Mill Owners Desire to Cripple a Man’s Enterprise and His Energy and Intelligence, They Must Contract to That Effect
  2. pp. 87-107
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  1. 4. An Ingenious Man Enabled by Contract
  2. pp. 108-136
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  1. 5. They Claim to Own Him, Body and Soul
  2. pp. 137-172
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  1. PART III: WORKPLACE KNOWLEDGE AS CORPORATE INTELLECTUAL PROPERTY, 1895–1930
  2. pp. 173-176
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  1. 6. Corporate Management of Science and Scientific Management of Corporations
  2. pp. 177-210
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  1. 7. The Corporation’s Money Paid for the Painting; Its Artist Colored It; Its President Designed It
  2. pp. 211-239
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  1. CONCLUSION. Attribution, Authenticity, and the Corporate Production of Technology and Culture
  2. pp. 240-256
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  1. Notes
  2. pp. 257-310
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  1. Bibliography
  2. pp. 311-338
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  1. Index
  2. pp. 339-360
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