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Where Does Creativity Come From? And Other Stories Of Copyright, Michael J. Madison Jan 2004

Where Does Creativity Come From? And Other Stories Of Copyright, Michael J. Madison

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This Commentary on Lydia Pallas Loren, Untangling the Web of Music Copyrights, 53 Case W. Res. L. Rev. 673 (2003), observes that debates over a variety of copyright law issues can be - and in fact, often are - structured in narrative terms, rather than in terms of doctrine, policy, or empirical inquiry. I suggest a series of such narratives, each framed by a theme drawn from a feature film. The Commentary suggests that we should recognize more clearly the role of narrative in intellectual property discourse, and that intellectual property narratives should be examined critically.


Footnote Draft Of Render Copyright Unto Caesar - 2004, Wendy J. Gordon Jan 2004

Footnote Draft Of Render Copyright Unto Caesar - 2004, Wendy J. Gordon

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This essay, however, does not press any particular agenda; rather, it tries to make our thinking about the topic more flexible. It is my hope that some conduct-specific rule as was adopted in the defamation context will eventually be adopted for intellectual property. Copyright law cannot continue forever closing its eyes and hoping its house will stop being haunted.