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Full-Text Articles in Law
The Lessons Of Living Gardens And Jewish Process Theology For Authorship And Moral Rights, Roberta R. Kwall
The Lessons Of Living Gardens And Jewish Process Theology For Authorship And Moral Rights, Roberta R. Kwall
Vanderbilt Journal of Entertainment & Technology Law
This Article examines the issues of authorship, fixation, and moral rights through the lens of Jewish Process Theology. Jewish Process Theology is an application of Process Thought, which espouses a developmental and fluid perspective with respect to creation and creativity. This discipline offers important insights for how to shape and enforce copyright law. The issue of "change" and authorship is more important now than ever before given how the digital age is revolutionizing the way the world thinks about authorship. By incorrectly maintaining that a living garden is not capable of copyright protection since it is unfixed, changeable, and partially …
When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng
When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng
Vanderbilt Journal of Entertainment & Technology Law
This Article explores what authorship and creative production mean in the digital age. Notions of the author as the creator of the work have, since the passage of the Statute of Anne in 1710, provided a point of reference for recognizing ownership rights in literary and artistic works in conventional copyright jurisprudence. The role of the author as both the creator and the producer of a work has been seen as distinct and separate from that of the publisher and user. Copyright laws and customary norms protect the author's rights in his creation, and provide the incentive to create. They …
New Video Game: Japan's Video Game Producers Lose At The Litigation Game, Dan Rosen
New Video Game: Japan's Video Game Producers Lose At The Litigation Game, Dan Rosen
Vanderbilt Journal of Entertainment & Technology Law
Video games present a legal problem that may be more difficult for courts to solve than the games themselves. In Japan, each court took a somewhat different approach. In its opinion, the Tokyo District Court tried to differentiate between movies and video games by focusing on the role of the audience. That court emphasized the fact that while movie audiences are passive and have no effect on the course of the movie, video game audiences actively affect the progression of the storyline. To illustrate the difference that the Tokyo Court emphasized, consider the Pokemon cast. They were originally characters in …