The Soul of Creativity

by Kwall, Roberta Rosenthal

• ISBN13: 9780804763677
• ISBN10: 0804763674
• Format: Paperback
• Copyright: 2009-12-02
• Publisher: Stanford Law & Politics

Summary

In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations. On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, this book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.

Author Biography

Roberta Rosenthal Kwall is the Raymond P. Niro Professor of Intellectual Property Law and the Founding Director of the Center for Intellectual Property Law & Information Technology at DePaul University College of Law.

Table of Contents

Acknowledgments	p. ix
Introduction	p. xiii
Authorship and Textual Integrity	p. 1
The Intrinsic Dimension of Human Creativity	p. 11
The Current Legal Framework	p. 23
International Norms	p. 37
Ownership of the Author's Message and the Public Domain	p. 53
Marginally Original and Functional Works of Authorship	p. 69
Authors in Disguise and Collaborative Works	p. 87
Personas	p. 111
Human Rights Laws and Authorship Norms	p. 133
Looking Forward to Legal Reform	p. 147
Notes	p. 167
Index	p. 237
Table of Contents provided by Ingram. All Rights Reserved.

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