Copyright Law and Derivative Works: Regulating Creativity Contributor(s): Rachum-Twaig, Omri (Author) |
|
ISBN: 1138343277 ISBN-13: 9781138343276 Publisher: Routledge OUR PRICE: $152.00 Product Type: Hardcover - Other Formats Published: November 2018 |
Additional Information |
BISAC Categories: - Law | Intellectual Property - Copyright - Law | Administrative Law & Regulatory Practice |
Dewey: 346.048 |
LCCN: 2018026240 |
Series: Routledge Research in Intellectual Property |
Physical Information: 206 pages |
Descriptions, Reviews, Etc. |
Publisher Description: 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. |