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Full-Text Articles in Law
The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan
The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan
Utah Law Faculty Scholarship
Photography is an enigma. The features that distinguish it most from other art forms — the camera’s automatism and the photograph’s verisimilitude — have throughout its history also provided the basis for critics to claim that a photographer is not an artist nor the photograph a work of art. Because every photograph is the product of an automatic, mechanical device, critics argue that a photographer is a mere technician relegated to clicking a shutter button. Moreover, because every photograph displays an exact likeness of whatever happened to be sitting before the camera, critics consider that image to be a factual …
The Derivative Right, Or Why Copyright Law Protects Foxes Better Than Hedgehogs, Daniel J. Gervais
The Derivative Right, Or Why Copyright Law Protects Foxes Better Than Hedgehogs, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The derivative right is at the very core of copyright theory. What can and cannot be reused to create a new work impacts freedom of expression but also impacts the value of the markets for works and their various “derivatives.” The derivative right includes forms of derivation and adaptation, such as making a movie from a novel or translating a book. It also covers what this Article refers to as penumbral derivatives, which the US Copyright Act captures using the phrase “based upon” with respect to preexisting works. This leads to indeterminacy about the scope of the derivative right, which …
Insights From Psychology For Copyright's Originality Doctrine, Cameron J. Hutchison
Insights From Psychology For Copyright's Originality Doctrine, Cameron J. Hutchison
Cameron J Hutchison
The discipline of psychology has much to offer the law of copyright. For example, determining whether or not a work is original in a legal sense implicates, and may be enriched by, the psychology of creativity. This paper is a foray into the linkage between psychological understandings of creativity and the legal standard of originality. While the methodologies and approaches to the psychological sub-discipline of creativity are many, certain frameworks are chosen which seem most relevant and probative to the task: psychoanalysis (specifically, Jungian psychoanalysis), experimental psychology (specifically, the cognitive science of creativity or “cognitive creativity”), and social psychology (specifically, …