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Series

1990

Western New England University School of Law

Articles 1 - 1 of 1

Full-Text Articles in Law

Copyright Law And The Myth Of Objectivity: The Idea-Expression Dichotomy And The Inevitability Of Artistic Value Judgments, Amy B. Cohen Jan 1990

Copyright Law And The Myth Of Objectivity: The Idea-Expression Dichotomy And The Inevitability Of Artistic Value Judgments, Amy B. Cohen

Faculty Scholarship

ThIs Article focuses on the problem of how artistic values affect determinatlons of copyright management. It discusses how the copyright statutes embody a congressional desire to have determinations of eligibility for copyright made without regard for the artistic value of the work at issue. This Article also explores the dangers that Justice Holmes and those who have followed hIs lead saw in using assessments of artIstic value to make copyright decIsIons. It also discusses how assessments of artistic value influence copyright infrIngement determInations, specifically through the application of the idea-expression dichotomy, a principle used to determine whether the copyright in …