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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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Copyright Law and Derivative Works - Regulating Creativity (Paperback)
Loot Price: R1,257
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Copyright Law and Derivative Works - Regulating Creativity (Paperback)
Series: Routledge Research in Intellectual Property
Expected to ship within 12 - 19 working days
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Copyright law regulates creativity. It affects the way people
create works of authorship ex-ante and affects the status of works
of authorship significantly ex-post. But does copyright law really
understand creativity? Should legal theories alone inform our
regulation of the creative process? This book views copyright law
as a law of creativity. It asks whether copyright law understands
authorship as other creativity studies fields do. It considers
whether copyright law should incorporate non-legal theories, and if
so, how it should be adjusted in their light. For this purpose, the
book focuses on one of the many rights that copyright law regulates
- the right to make a derivative work. A work is considered
derivative when it is based on one or more preexisting works.
Today, the owner of a work of authorship has the exclusive right to
make derivative works based on her original work or to allow others
to do so. The book suggests a new way to think about both the
right, the tension, and copyright law at large. It proposes relying
on non-legal fields like cognitive psychology and genre theories,
and offers new legal-theoretical justifications for the right to
make derivative works. As the first book to consider the
intersection between copyright law, creativity and derivative
works, this will be a valuable resource for students, scholars, and
practitioners interested in intellectual property and copyright
law.
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