Copyright law and derivative works : regulating creativity /
Rachum-Twaig, Omri,
Copyright law and derivative works : regulating creativity / Omri Rachum-Twaig. - 1 online resource. - Routledge research in intellectual property .
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.
9780429439247 0429439245 9780429799402 0429799403 9780429799396 042979939X 9780429799419 0429799411
Derivative works (Copyright)
Copyright--Neighboring rights.
Intellectual property and creative ability.
LAW / Administrative Law & Regulatory Practice
LAW / General
K1480 / .R33 2019eb
346.04/82
Copyright law and derivative works : regulating creativity / Omri Rachum-Twaig. - 1 online resource. - Routledge research in intellectual property .
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.
9780429439247 0429439245 9780429799402 0429799403 9780429799396 042979939X 9780429799419 0429799411
Derivative works (Copyright)
Copyright--Neighboring rights.
Intellectual property and creative ability.
LAW / Administrative Law & Regulatory Practice
LAW / General
K1480 / .R33 2019eb
346.04/82