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Full-Text Articles in Law
Literature’S Idea-Expression Distinction: Drawing A Line With Distinctive Elements Of Alternate Worlds, Joshua Jeng
Literature’S Idea-Expression Distinction: Drawing A Line With Distinctive Elements Of Alternate Worlds, Joshua Jeng
Joshua Jeng
The line between ideas and expressions in copyright law has never been particularly clear. We want to protect what authors create so that they are motivated to create more, but we want broad concepts to remain free so that others may produce even more works. The distinction concept and an author's take on a concept has always been very difficult to define, even among legal scholars, and has largely remained misunderstood by the average author. However, as derivative works increase in prevalence and economic importance, the need for workable framework for understanding copyright that the lay author can understand is …
The Right To Read, Lea Shaver
The Right To Read, Lea Shaver
Lea Shaver
Reading – for education and for pleasure – may be framed as a personal indulgence, a moral virtue, or even a civic duty. What are the implications of framing reading as a human right?
Although novel, the rights-based frame finds strong support in international human rights law. The right to read need not be defended as a “new” human right. Rather, it can be located at the intersection of more familiar guarantees. Well-established rights to education, science, culture, and freedom of expression, among others, provide the necessary normative support for recognizing a universal right to read as already implicit in …
Rediscovering Cumulative Creativity From The Oral Formulaic Tradition To Digital Remix: Can I Get A Witness?, Giancarlo Francesco Frosio
Rediscovering Cumulative Creativity From The Oral Formulaic Tradition To Digital Remix: Can I Get A Witness?, Giancarlo Francesco Frosio
Giancarlo Francesco Frosio
For most of human history the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern policies regulating creativity and speech. As hard as it may be to believe, the most valuable components of our immortal culture were created under a fully open regime with regard to access to pre-existing expressions and reuse. From the Platonic mimēsis to the Roman imitatio, from Macrobius’ Saturnalia to the imitatio Vergili, from medieval auctoritas and Chaucer the compilator to Anon the singer and social textuality, from Chrétien’s art of rewriting to Shakespeare’s “borrowed feathers,” …
Surveying Recent Scholarship On Fair Use: A Conversation, Jessica M. Silbey
Surveying Recent Scholarship On Fair Use: A Conversation, Jessica M. Silbey
Jessica Silbey
A conversation about recent books discussing copyright fair use with Rebecca Tushnet, Peter Decherney and Bill Herman.