Copyright Law and Derivative Works

Copyright Law and Derivative Works
Author :
Publisher : Routledge
Total Pages : 339
Release :
ISBN-10 : 9780429799402
ISBN-13 : 0429799403
Rating : 4/5 (403 Downloads)

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.


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