Moral Rights Creativity And Copyright Law

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Moral Rights, Creativity, and Copyright Law

Author : Sarah Hook
Publisher :
ISBN 13 : 9781003412144
Total Pages : 0 pages
Book Rating : 4.4/5 (121 download)

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Book Synopsis Moral Rights, Creativity, and Copyright Law by : Sarah Hook

Download or read book Moral Rights, Creativity, and Copyright Law written by Sarah Hook and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticization, of the role of the author. The romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice - especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic - for example, intellectual or emotional - interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivize innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so. This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests"--

Moral Rights, Creativity, and Copyright Law

Author : Sarah Hook
Publisher : Taylor & Francis
ISBN 13 : 1003835066
Total Pages : 155 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Moral Rights, Creativity, and Copyright Law by : Sarah Hook

Download or read book Moral Rights, Creativity, and Copyright Law written by Sarah Hook and published by Taylor & Francis. This book was released on 2024-01-16 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticisation, of the role of the author. The Romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice – especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic – for example, intellectual or emotional – interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivise innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so. This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests.

The Legal and Moral Rights of All Artists

Author : Amelia V. Vetrone
Publisher : iUniverse
ISBN 13 : 0595296831
Total Pages : 138 pages
Book Rating : 4.5/5 (952 download)

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Book Synopsis The Legal and Moral Rights of All Artists by : Amelia V. Vetrone

Download or read book The Legal and Moral Rights of All Artists written by Amelia V. Vetrone and published by iUniverse. This book was released on 2003 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: It may be said that the beauty of art comes from the struggle that is involved in creating it: struggle to hear the voice, struggle to understand the voice, struggle to express or articulate the voice, struggle to let others hear the voice, and struggle to protect what has been expressed. This book is about the last struggle--to legally protect what has been expressed by appreciating the struggle that has come before. The Legal and Moral Rights of All Artists is a clear, jargon-free explanation of the crucial concepts every artist needs to know, such as copyright, trademark, work-for-hire and other contract issues, as well as the all-important doctrine of moral rights. Drawing on the historical perspective of the artist as the core element of any created work, this book explains the protection available to artists, not only for their works but also for their vision, integrity, and reputation. Filled with anecdotes and practical advice, this book will be an important resource for everyone involved in the creative process.

Copyright and Creativity

Author : Andreas Rahmatian
Publisher : Edward Elgar Publishing
ISBN 13 : 0857936336
Total Pages : 335 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Copyright and Creativity by : Andreas Rahmatian

Download or read book Copyright and Creativity written by Andreas Rahmatian and published by Edward Elgar Publishing. This book was released on 2011-10-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh, innovative, thought provoking look at the development of copyright law as it pertains to creativity and one that will give even the most experienced reader fresh insight into this tangled area of law. The author s language ability (German, English, French) and interdisciplinary background (law and music) combine to enable him to add significant analytical depth to the subject. A must read in a time when our creative industries are being called upon to help re-build our shattered economy. Charlotte Waelde, University of Exeter, UK Professor Rahmatian is perhaps uniquely placed to offer a complete rethinking of the nature and function of copyright. Working with original materials in original languages, he spans the continental and common law traditions in a breathtaking synthesis of the varied justifications and uses (or misuses) of the concept of creativity as property. Paul J. Heald, University of Georgia, US Copyright and Creativity discusses the making of property out of creative works through the legal mechanism of copyright. It shows the manner in which the law translates a great variety of expressions of the human mind into its normative system and transforms them into the property right of copyright or droit d auteur. This timely book examines the proprietary features of copyright, the inherent limitations of its powers, and its justification and relationship to the non-proprietary realm of the public domain. The final parts of the book deal with the propertisation/commodification of human authors themselves through their works as alienable objects of property, the well-known Romantic author critique as a sophisticated justification of that commodification, and at an international level, neo-feudal and neo-colonial developments as a result of this process. This detailed study will appeal to undergraduate and postgraduate students, legal sociologists, and specialists in copyright, property theory, or legal theory and political philosophy with particular interest in property theory. Practitioners within bodies involved in legal policy, organisations concerned with law reform, European institutions, and international organisations will also find much to interest them in this book.

Creative Expression: An Introduction to Copyright and Related Rights for Small and Medium-sized Enterprises

Author :
Publisher : WIPO
ISBN 13 : 9280513494
Total Pages : 68 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Creative Expression: An Introduction to Copyright and Related Rights for Small and Medium-sized Enterprises by :

Download or read book Creative Expression: An Introduction to Copyright and Related Rights for Small and Medium-sized Enterprises written by and published by WIPO. This book was released on 2006 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fourth in the series of guides on “Intellectual Property for Business.” It provides an introduction to copyright and related rights for business managers and entrepreneurs. It explains, in simple language, mainly those aspects of copyright law and practice that affect the business strategies of enterprises.

The Soul of Creativity

Author : Roberta Kwall
Publisher : Stanford University Press
ISBN 13 : 0804756430
Total Pages : 272 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The Soul of Creativity by : Roberta Kwall

Download or read book The Soul of Creativity written by Roberta Kwall and published by Stanford University Press. This book was released on 2010 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores human creativity to illustrate how the legal system can protect a wide variety of authors from attribution failures and other assaults to the intended messages of their works.

Moral Rights

Author : Mira T. Sundara Rajan
Publisher : Oxford University Press
ISBN 13 : 0199749973
Total Pages : 572 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Moral Rights by : Mira T. Sundara Rajan

Download or read book Moral Rights written by Mira T. Sundara Rajan and published by Oxford University Press. This book was released on 2011-01-02 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of moral rights is based on the idea that authors have a special bond with their own creative work. At present, the legal status of moral rights demands clarification and assessment as never before, particularly as the international expansion of moral rights occurs in the new environment of digital technology. Just as the survival of copyright law depends on its capacity to adapt effectively to the new technological environment, a new approach to moral rights is imperative. Moral Rights: Principles, Practice and New Technology is the first work to comprehensively address the role and challenges of moral rights in an environment of digital technology The problem is addressed from both practical and theoretical channels, and examples drawn from the legislation and practice of key jurisdictions around the world. The book concludes with a consideration of how the concept of moral rights can contribute to the re-organization of copyright law in a digital context.

Research Handbook on Intellectual Property and Moral Rights

Author : Ysolde Gendreau
Publisher : Edward Elgar Publishing
ISBN 13 : 1789904870
Total Pages : 583 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Research Handbook on Intellectual Property and Moral Rights by : Ysolde Gendreau

Download or read book Research Handbook on Intellectual Property and Moral Rights written by Ysolde Gendreau and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law.

Copyright Law and the Progress of Science and the Useful Arts

Author : A. Ng
Publisher : Edward Elgar Publishing
ISBN 13 : 1849807825
Total Pages : 177 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Copyright Law and the Progress of Science and the Useful Arts by : A. Ng

Download or read book Copyright Law and the Progress of Science and the Useful Arts written by A. Ng and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Constitution empowers Congress to enact copyright laws to 'promote the progress of science and the useful arts'. This book offers the first in-depth analysis of the connection between copyright law as a legal institution and the constitutional goal of promoting social and cultural advancement. Focusing on the relationship between this explicit purpose and the normative uses and production of creative works, Alina Ng argues that a robust copyright system that embodies moral and ethical principles is necessary to protect the different values and expectations of authors, publishers and users of creative works. The author demonstrates that a more nuanced understanding of property rights and statutory privileges as bearing different types of entitlements is critical to the sustainable development of society and culture at both national and international levels. She posits that as communication technologies become ubiquitous and facilitate greater connectivity between authors and their readers, the notion of authorship as a creative endeavor producing works with significant influence upon society and culture must form the central tenet of the copyright system. This unique approach to copyright law will be of interest to legal, cultural and literary scholars as well as others interested in the relationship between creativity, authorship and progress.

Understanding Copyright and Related Rights

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 928051265X
Total Pages : 24 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Understanding Copyright and Related Rights by : World Intellectual Property Organization

Download or read book Understanding Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2006 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This booklet is intended to provide an introduction for non-specialists or new-comers to the subject of copyright and related rights. It explains in layman's terms the fundamentals underpinning copyright law and practice. It describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. And finally it briefly covers transfer of copyright and provisions for enforcement.

Copyright Law and Derivative Works

Author : Omri Rachum-Twaig
Publisher : Routledge
ISBN 13 : 0429799403
Total Pages : 206 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Copyright Law and Derivative Works by : Omri Rachum-Twaig

Download or read book Copyright Law and Derivative Works written by Omri Rachum-Twaig and published by Routledge. This book was released on 2018-11-19 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright law regulates creativity. It affects the way people create works of authorship ex-ante and affects the status of works of authorship significantly ex-post. But does copyright law really understand creativity? Should legal theories alone inform our regulation of the creative process? This book views copyright law as a law of creativity. It asks whether copyright law understands authorship as other creativity studies fields do. It considers whether copyright law should incorporate non-legal theories, and if so, how it should be adjusted in their light. For this purpose, the book focuses on one of the many rights that copyright law regulates – the right to make a derivative work. A work is considered derivative when it is based on one or more preexisting works. Today, the owner of a work of authorship has the exclusive right to make derivative works based on her original work or to allow others to do so. The book suggests a new way to think about both the right, the tension, and copyright law at large. It proposes relying on non-legal fields like cognitive psychology and genre theories, and offers new legal-theoretical justifications for the right to make derivative works. As the first book to consider the intersection between copyright law, creativity and derivative works, this will be a valuable resource for students, scholars, and practitioners interested in intellectual property and copyright law.

Copyright Law

Author : Paul Torremans
Publisher : Edward Elgar Publishing
ISBN 13 : 1848440219
Total Pages : 553 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Copyright Law by : Paul Torremans

Download or read book Copyright Law written by Paul Torremans and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . this book provides an interesting insight into many aspects of copyright law. It is a useful resource not only for those whose core practice is copyright but also those involved in industries reliant on copyright. New Zealand Law Journal Copyright law is undergoing rapid transformations to cope with the new international digital environment. This valuable research Handbook provides a thorough and contemporary tableau of current thinking in copyright law. It traces the changes undergone and the challenges faced by copyright, as well as its roots and its diversity, combining to present a colourful picture of a dynamic research area. The editor brings together an elite group of international copyright scholars who offer incisive and original analysis of a wide range of issues and aspects of copyright law, and in some cases a multiplicity of perspectives on a single topic. Rigorous and often thought-provoking in nature, this research Handbook clearly maps the current landscape, and will also undoubtedly stimulate further research in the field. Analysing the cutting edge of current copyright research, Copyright Law will be of great interest to researchers, students, practitioners and policymakers.

Copyrighting Creativity

Author : Helle Porsdam
Publisher : Routledge
ISBN 13 : 1317159586
Total Pages : 224 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Copyrighting Creativity by : Helle Porsdam

Download or read book Copyrighting Creativity written by Helle Porsdam and published by Routledge. This book was released on 2016-03-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the relationship between creativity, cultural heritage institutions and copyright? Who owns culture and cultural heritage? The digital age has expanded the horizon of creative possibilities for artists and cultural institutions - what is the impact on legal regimes that were constructed for an analogue world? What are the tensions between the safeguarding of cultural heritage and the dissemination of knowledge about culture? Inspired by a three year research project involving leading European universities, this book explores the relationship between copyright and intellectual property, creativity and innovation, and cultural heritage institutions. Its contributors are scholars from both the humanities and the social sciences - from cultural studies to law - as well as cultural practitioners and representatives from cultural heritage institutions. They all share an interest in the contribution of intellectual property to the role of cultural institutions in making culture accessible and encouraging new creativity.

The Creative Artist's Legal Guide

Author : Bill Seiter
Publisher : Yale University Press
ISBN 13 : 0300183542
Total Pages : 244 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Creative Artist's Legal Guide by : Bill Seiter

Download or read book The Creative Artist's Legal Guide written by Bill Seiter and published by Yale University Press. This book was released on 2012-06-26 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's complex media environment, aspiring filmmakers and new media artists are as vulnerable as swimmers in shark-infested waters. This user-friendly guide supplies creative artists with the essential legal concepts needed to swim safely with lawyers, agents, executives, and other experts in intellectual property and business law How do I copyright my screenplay? How can I clear rights for my film project? What can I do to avoid legal trouble when I produce my mockumentary? How do I ascertain whether a vintage novel is in the public domain? Is the trademark I've invented for my production company available? What about copyright and trademark rights overseas? If I upload my film to YouTube, do I give up any rights? Bill Seiter and Ellen Seiter answer these questions and countless others while also demystifying the fundamental principles of intellectual property. Clear and thorough, this plain-spoken and practical guide is essential for anyone seeking to navigate the rapidly changing media environment of today.

International Copyright

Author : Paul Goldstein
Publisher : Oxford University Press, USA
ISBN 13 : 0190060611
Total Pages : 457 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis International Copyright by : Paul Goldstein

Download or read book International Copyright written by Paul Goldstein and published by Oxford University Press, USA. This book was released on 2019 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book] surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries...[This book provides a] synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms."--

Research Handbook on Copyright Law

Author : Paul Torremans
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361430
Total Pages : 616 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Research Handbook on Copyright Law by : Paul Torremans

Download or read book Research Handbook on Copyright Law written by Paul Torremans and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition is a timely presentation of the state-of-the-art in copyright research. Copyright law is currently at the centre of many debates and the subject of substantive new developments. The new edition of the Research Handbook captures these fast moving developments and goes far beyond a mere update of the chapters. All of the topical chapters are completely new and the authors have been chosen for their expertise and excellence in the areas concerned. Research Handbook on Copyright Law offers global coverage, both in terms of substance and in terms of author expertise, and maps both the present and future of the discipline. It will prove an invaluable research tool for all those involved in copyright research who wish to keep up with the pace at which this area of law is evolving.

Copyright Beyond Law

Author : Marta Iljadica
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902015
Total Pages : 328 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Copyright Beyond Law by : Marta Iljadica

Download or read book Copyright Beyond Law written by Marta Iljadica and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The form of graffiti writing on trains and walls is not accidental. Nor is its absence on cars and houses. Employing a particular style of letters, choosing which walls and trains to write on, copying another writer, altering or destroying another writer's work: these acts are regulated within the graffiti subculture. Copyright Beyond Law presents findings from empirical research undertaken into the graffiti subculture to show that graffiti writers informally regulate their creativity through a system of norms that are remarkably similar to copyright. The 'graffiti rules' and their copyright law parallels include: the requirement of writing letters (subject matter) and appropriate placement (public policy and morality exceptions for copyright subsistence and the enforcement of copyright), originality and the prohibition of copying (originality and infringement by reproduction), and the prohibition of damage to another writer's works (the moral right of integrity). The intersection between the 'graffiti rules' and copyright law sheds light on the creation of subculture-specific commons and the limits of copyright law in incentivising and regulating the production and location of creativity.