TY  - BOOK
AU  - Rachum-Twaig,Omri
TI  - Copyright law and derivative works: regulating creativity 
T2  - Routledge research in intellectual property
SN  - 9780429439247
AV  - K1480 .R33 2019eb
U1  - 346.04/82 23
PY  - 2019///
CY  - London
PB  - Routledge
KW  - Derivative works (Copyright)
KW  - Copyright
KW  - Neighboring rights
KW  - Intellectual property and creative ability
KW  - LAW / Administrative Law & Regulatory Practice
KW  - bisacsh
KW  - LAW / General
N1  - 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
N2  - 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
UR  - https://www.taylorfrancis.com/books/9780429439247
UR  - http://www.oclc.org/content/dam/oclc/forms/terms/vbrl-201703.pdf
ER  -