Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Freedom To Copy: Copyright, Creation And Context, Olufunmilayo B. Arewa
The Freedom To Copy: Copyright, Creation And Context, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
Although much separates them musically, George Harrison and Michael Bolton share a common legal fate. Both have been held liable in copyright infringement cases in which a court articulated theories of liability based on subconscious infringement. This Article discusses how decisions in the Bolton, Harrison, and other copyright infringement cases reflect a common failing. Such decisions highlight the incomplete nature of the theories of creativity and creation processes in copyright doctrine. After discussing current approaches to questions of creation, this Article suggests ways in which copyright theory can better incorporate a contextualized understanding of creativity and creation processes. Creativity in …
Copyright And Borrowing, Olufunmilayo B. Arewa
Copyright And Borrowing, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
Borrowing is a norm in much cultural production that should be better incorporated into copyright doctrine. Copyright doctrine governs both the creation and distribution of cultural works, such as literary texts and musical works. Consideration of borrowing and copyright largely relates to the creation side of copyright. A number of terms may be used to illustrate the ways in which new cultural texts relate to existing cultural texts. Further, a significant commentary exists in fields such as literary theory and musicology that discusses and analyzes the significance of such relationships. Terms such as borrowing, self-borrowing, transformative imitation, quotation, allusion, homage, …