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portada Copyright Law and Derivative Works: Regulating Creativity
Type
Physical Book
Author
Publisher
Language
English
Pages
220
Format
Hardcover
ISBN13
9781138343276
Edition No.
1
Categories

Copyright Law and Derivative Works: Regulating Creativity

Omri Rachum-Twaig (Author) · Routledge · Hardcover

Copyright Law and Derivative Works: Regulating Creativity - Rachum-Twaig, Omri

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Synopsis "Copyright Law and Derivative Works: Regulating Creativity"

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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