- 206 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
About this book
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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Information
Table of contents
- Cover
- Half Title
- Series Page
- Title Page
- Copyright Page
- Dedication
- Table of Contents
- List of illustrations
- Acknowledgements
- Introduction
- 1. The cognitive aspects of creativity 1
- 2. Genre theories and copyright 1
- 3. Re-examining the justifications for the derivative works right
- 4. The derivative works right A critical review
- 5. A new model for the derivative works right
- Conclusion
- Bibliography
- Index