Copyright Law And Derivative Works Regulating Creativity | Law

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. |Copyright Law and Derivative Works Regulating Creativity | Law