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Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig
Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig
Carys Craig
Copyright law currently forces all intellectual production into a doctrinal model shaped by individualistic assumptions about the authorial ideal. To the extent that the truly original author-owner is conceptualized as an individual (and not a function or fiction), he depends upon Enlightenment ideals of individuation, detachment, and unity. A competing view of the author sees her as necessarily engaged in a process of adaptation, translation and recombination. This version of authorship coheres with a view of the individual as socially constituted: her expression is the result of the complex variety of texts and discourses that she encounters (and by which …
Introduction - Copyright, Communication & Culture: Towards A Relational Theory Of Copyright Law, Carys J. Craig
Introduction - Copyright, Communication & Culture: Towards A Relational Theory Of Copyright Law, Carys J. Craig
Carys Craig
In this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity. Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a …
Resisting "Sweat" And Refusing Feist: Rethinking Originality After Cch, Carys J. Craig
Resisting "Sweat" And Refusing Feist: Rethinking Originality After Cch, Carys J. Craig
Carys Craig
In CCH Canadian Ltd. v. Law Society of Upper Canada, the Supreme Court of Canada ostensibly settled the debate between the "sweat school" and the "creativity school" regarding the meaning of copyright's originality requirement. While rejecting a labour-based formulation of the originality standard, the Supreme Court also refused to adopt the "minimal degree of creativity" test established by the U.S. Supreme Court in the famous Feist case. The appropriate threshold for originality, according to the Supreme Court of Canada, "falls between these two extremes" and requires "an exercise of skill and judgment." This paper explores the significance of the "skill …
Feminist Aesthetics And Copyright Law: Genius, Value, And Gendered Visions Of The Creative Self, Carys J. Craig
Feminist Aesthetics And Copyright Law: Genius, Value, And Gendered Visions Of The Creative Self, Carys J. Craig
Carys Craig
Copyright law is fundamentally concerned with the value of cultural works — both the recognition and the creation of this value. Yet it is seldom acknowledged that copyright law makes or requires any value judgment in the sense of an aesthetic evaluation of copyright’s subject matter. Indeed, it is often emphasized that copyright protects original works of authorship regardless of their quality or merit. That copyright protection demands the satisfaction of only the most minimal of qualitative standards does not, however, dispose of the larger claim that forms the basis of this chapter: our copyright system is dominated by a …