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Full-Text Articles in Law

Teasing The Arc Of Electric Spark: Fostering And Teaching Creativity In The Law School Curriculum, Jason G. Dykstra Oct 2020

Teasing The Arc Of Electric Spark: Fostering And Teaching Creativity In The Law School Curriculum, Jason G. Dykstra

Articles

No abstract provided.


"You Got Too Much Dip On Your Chip!" How Stagnant Copyright Law Is Stifling Creativity, Taylor Bussey Jun 2020

"You Got Too Much Dip On Your Chip!" How Stagnant Copyright Law Is Stifling Creativity, Taylor Bussey

Journal of Intellectual Property Law

Over time, our concept of what qualifies as an author has changed–specifically with the dominance of the internet. Tangentially, our idea of what it means to be a joint author has changed. What once would have required physical proximity now can be accomplished via the internet in a matter of seconds. Authors from all around the globe can collaborate. Geographic limitations present virtually no constraint on the number of individuals that can contribute to a work. Human creativity, however, has remained the same. When creating, authors naturally draw on their human experience. Without tailoring modern copyright law to modern trends …


Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2020

Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Creativity In Language: Reflections On Polysemy, Metaphors, Idioms, Collocations…And The Like, Adel Sakakini, Diana Hadi Jan 2020

Creativity In Language: Reflections On Polysemy, Metaphors, Idioms, Collocations…And The Like, Adel Sakakini, Diana Hadi

BAU Journal - Society, Culture and Human Behavior

According to Ronald Carter (2011), Creativity is such a complex and protean term to define. It involves inventiveness, imagination, novelty, originality and a myriad of other aspects. In language, in particular, creativity manifests itself in humans’ ability to produce an infinite number of sentences never spoken before and understand sentences never heard before or what Chomsky calls “creative aspect” of language use (Fromkin and Rodman, 1993.) It is of two types: rule-bound creativity and rule-breaking creativity. The researchers explore creativity employed in different language discourse such as slips of the pen, slips of the tongue, oxymoron, paradox, collocation, blends, anomaly, …


The “Foul” Protection For A Photographer’S Original And Creative Choices In A Photograph: Exploring The Implications Of Rentmeester V. Nike, Inc. On Creativity In Photography, Olivia Lattanza Jan 2020

The “Foul” Protection For A Photographer’S Original And Creative Choices In A Photograph: Exploring The Implications Of Rentmeester V. Nike, Inc. On Creativity In Photography, Olivia Lattanza

Touro Law Review

No abstract provided.


Brief Of Amicus Curiae Interdisciplinary Research Team On Programmer Creativity In Support Of Respondent, Ralph D. Clifford, Firas Khatib, Trina Kershaw, Kavitha Chandra, Jay Mccarthy Jan 2020

Brief Of Amicus Curiae Interdisciplinary Research Team On Programmer Creativity In Support Of Respondent, Ralph D. Clifford, Firas Khatib, Trina Kershaw, Kavitha Chandra, Jay Mccarthy

Faculty Publications

This brief answers the two primary issues that are associated with the first question before the Court. First, the programmers’ expression of the Java-based application programmer interfaces (“APIs”) are sufficiently creative to satisfy that requirement of copyright law. Second, the idea expression limitation codified in Section 102(b) of Copyright Act does not establish that the APIs are ideas. Both of these assertions are supported by the empirical research undertaken by the Research Team. This brief expresses no opinion on the resolution of the fair use question that is also before the Court.


Rules, Tricks And Emancipation, Jessie Allen Jan 2020

Rules, Tricks And Emancipation, Jessie Allen

Book Chapters

Rules and tricks are generally seen as different things. Rules produce order and control; tricks produce chaos. Rules help us predict how things will work out. Tricks are deceptive and transgressive, built to surprise us and confound our expectations in ways that can be entertaining or devastating. But rules can be tricky. General prohibitions and prescriptions generate surprising results in particular contexts. In some situations, a rule produces results that seem far from what the rule makers expected and antagonistic to the interests the rule is understood to promote. This contradictory aspect of rules is usually framed as a downside …