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Copyright law and derivative works : regulating creativity
Éditeur Routledge
Année 2019
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Notice détaillée
Copyright law and derivative works : regulating creativity
1 vol. (XIII-205 p.) : ill., couv. ill. en coul. ; 25 cm
Bibliogr. p. 191-202. Notes bibliogr. Index
Classification Dewey
Introduction ; The cognitive aspects of creativity ; Genre theory and common building blocks of creativity ; Re-examining the justifications for the derivative works right ; The derivative works right : a critical review ; A new model for the derivative works right ; Conclusion
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
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