Copyright Law and Derivative Works

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Author :
Publisher : Routledge
ISBN 13 : 0429799403
Total Pages : 339 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 2018-10-26 with total page 339 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 and Creativity

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Author :
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.

Reconciling Copyright with Cumulative Creativity

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788114183
Total Pages : 480 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Reconciling Copyright with Cumulative Creativity by : Giancarlo Frosio

Download or read book Reconciling Copyright with Cumulative Creativity written by Giancarlo Frosio and published by Edward Elgar Publishing. This book was released on with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. Giancarlo Frosio calls for the return of creativity to an inclusive process, so that the first (pre-modern imitative and collaborative model) and second (post-Romantic copyright model) creative paradigms can be reconciled into an emerging third paradigm which would be seen as a networked peer and user-based collaborative model.

Copyright, Data and Creativity in the Digital Age

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Author :
Publisher : Routledge
ISBN 13 : 1000167607
Total Pages : 164 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Copyright, Data and Creativity in the Digital Age by : Julian Warner

Download or read book Copyright, Data and Creativity in the Digital Age written by Julian Warner and published by Routledge. This book was released on 2020-09-01 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court of the United States in Feist v. Rural (1991) required that databases must have a minimal degree of creativity for copyright. The judgment was highly significant and the subsequent period is understood as the post-Feist era. It has been globally influential. However, the decision is extremely complex and remains unsatisfactorily interpreted. In particular, it has been impossible to illuminate the creativity requirement. The book gives an account of the decision’s conceptual structure, focusing on its full delineation of the opposite to creativity. In a radical and unprecedented innovation, it is correlated with an automatic computational process. Creativity itself is understood as non-computational or directly human activity concerned with meaning. Determining the presence of creativity is reduced to a four-stage test. This work then has acute practical current relevance to property in data in the digital age; it will also be of theoretical interest to, and is aimed at, researchers in, practitioners, and students of intellectual property worldwide.

Nimmer on Copyright

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (21 download)

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Book Synopsis Nimmer on Copyright by : Melville B. Nimmer

Download or read book Nimmer on Copyright written by Melville B. Nimmer and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Creativity and Copyright

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Publisher : Univ of California Press
ISBN 13 : 0520972740
Total Pages : 216 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Creativity and Copyright by : John L. Geiger

Download or read book Creativity and Copyright written by John L. Geiger and published by Univ of California Press. This book was released on 2019-07-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: What they won't teach you in film school: This expertly written reference guide breaks down copyright laws for screenwriters. Inspired by Strunk & White's The Elements of Style, this elegant, short reference is the perfect guide for screenwriters and creative artists looking to succeed as industry professionals. Readers will quickly understand the laws that govern creativity, idea-making, and selling, and learn how to protect themselves and their works from the legal quagmires they may encounter. Written by an unrivaled pair of experts, John L. Geiger and Howard Suber, who use real-life case studies to cover topics such as clearance, contracts, collaboration, and infringement, Creativity and Copyright is poised to become an indispensable resource for beginners and experts alike.

Copyrights and Copywrongs

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Author :
Publisher : NYU Press
ISBN 13 : 9780814788073
Total Pages : 276 pages
Book Rating : 4.7/5 (88 download)

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Book Synopsis Copyrights and Copywrongs by : Siva Vaidhyanathan

Download or read book Copyrights and Copywrongs written by Siva Vaidhyanathan and published by NYU Press. This book was released on 2003-04 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this text, the author tracks the history of American copyright law through the 20th century, from Mark Twain's exhortations for 'thick' copyright protection, to recent lawsuits regarding sampling in rap music and the 'digital moment', exemplified by the rise of Napster and MP3 technology.

The Soul of Creativity

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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.

(Re)structuring Copyright

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785369504
Total Pages : 459 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis (Re)structuring Copyright by : Daniel J. Gervais

Download or read book (Re)structuring Copyright written by Daniel J. Gervais and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this bold and persuasive work Daniel Gervais, one of the world’s leading thinkers on the subject of intellectual property, argues that the international copyright system is in need of a root and branch rethink. As the Internet alters the world in which copyright operates beyond all recognition, a world increasingly defined by the might of online intermediaries and spawning a generation who are simultaneously authors, users and re-users of creative works, the structure of copyright in its current form is inadequate and unfit for purpose. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. It contributes a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest.

The Philosophy of Creativity

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Publisher : Oxford University Press
ISBN 13 : 0199836965
Total Pages : 337 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Philosophy of Creativity by : Elliot Samuel Paul

Download or read book The Philosophy of Creativity written by Elliot Samuel Paul and published by Oxford University Press. This book was released on 2014-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creativity pervades human life. It is the mark of individuality, the vehicle of self-expression, and the engine of progress in every human endeavor. It also raises a wealth of neglected and yet evocative philosophical questions. The Philosophy of Creativity takes up these questions and, in doing so, illustrates the value of interdisciplinary exchange.

Copyright Law

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Publisher :
ISBN 13 : 9781594607875
Total Pages : 0 pages
Book Rating : 4.6/5 (78 download)

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Book Synopsis Copyright Law by : Sheldon W. Halpern

Download or read book Copyright Law written by Sheldon W. Halpern and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To access the 2014-2015 Supplement click here. Copyright Law is unique among copyright casebooks in that it is tightly and coherently structured, intelligently distilled, and clearly contextualized. Halpern's casebook explores the complex and sometimes counterintuitive issues surrounding protection of intellectual creativity under US copyright law by ensuring that both student and professor always maintain an understanding of how doctrinal elements relate to the whole. Thus, the book is perfect for those students who have struggled with dense notes and opaque explanations, professors who have labored through cumbersome and poorly ordered texts, and for new teachers who need a concise and clear pedagogic template complete with both substantive doctrine and highly instructive cases. Simply put, Copyright Law is a refreshing primer on the title topic, and a welcome alternative to less coherent texts. The second edition expands upon the first and brings the material up-to-date while retaining its eminently teachable structure. "...a great primer for all things copyright...an excellent overview of the topic. The table of contents reads like a class outline you would 'borrow' from the smart guy sitting up front." -- Legal Information Alert, on the first edition

Moral Rights, Creativity, and Copyright Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1003835031
Total Pages : 189 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 2023-12-29 with total page 189 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.

Copyrighting Creativity

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Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472431650
Total Pages : 225 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Copyrighting Creativity by : Professor Helle Porsdam

Download or read book Copyrighting Creativity written by Professor Helle Porsdam and published by Ashgate Publishing, Ltd.. This book was released on 2015-08-28 with total page 225 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 State of Creativity

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786438275
Total Pages : 299 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The State of Creativity by : James Griffin

Download or read book The State of Creativity written by James Griffin and published by Edward Elgar Publishing. This book was released on 2019 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creativity has been of central importance to the development of the modern State, and yet creativity is something that has become increasingly side-lined. This has been particularly apparent with the development of new machinic technologies, such as 3D printing. This monograph argues that inner creativity, combined with the zone of discourse, has been endangered by the rise of administrative regulation. Griffin investigates how the failure to incorporate creativity into that administrative regulation is adversely impacting the regulation of technologies such as 3D printing. The State of Creativity, proposes reforms to ensure that the regulation does take creativity into account.

Copyright Enactments

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Publisher :
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Copyright Enactments by : United States

Download or read book Copyright Enactments written by United States and published by . This book was released on 1973 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Copyright Class Struggle

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Publisher : Cambridge University Press
ISBN 13 : 110719363X
Total Pages : 235 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Copyright Class Struggle by : Hannibal Travis

Download or read book Copyright Class Struggle written by Hannibal Travis and published by Cambridge University Press. This book was released on 2018-10-04 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employing law and philosophy of economics, this book explores how copyright shapes ownership of ideas in the social media age.

Theft!

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Author :
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781535543675
Total Pages : 0 pages
Book Rating : 4.5/5 (436 download)

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Book Synopsis Theft! by : James Boyle

Download or read book Theft! written by James Boyle and published by Createspace Independent Publishing Platform. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A tale of law and music that leads through the gates of time!"