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E-book
Author Rachum-Twaig, Omri, author

Title Copyright Law and Derivative Works : Regulating Creativity / Omri Rachum-Twaig
Edition 1st
Published Routledge, 2018
Online access available from:
Taylor & Francis eBooks    View Resource Record  

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Description 1 online resource (206 pages : 1 illustrations)
Series Routledge Research in Intellectual Property Ser
Routledge Research in Intellectual Property Ser
Contents Table of Contents Acknowledgments Introduction Regulating Creativity The Role of the Derivative Work Right in Regulating Creativity The Existing Legal Debate on the Derivative Work Right Non-Legal Aspects of Creativity Research Questions Non-legal Aspects of Creativity - What is the Significance of Using Prior Knowledge? The Legal World - What is the Scope of the Derivative Works Right and is it Justifiable? An Overview of the Main Arguments The Cognitive Process of Creation Includes the Use of Preexisting Expressions The Creative Products - Genre Theory Identifies Common Building Blocks in Shares Creative Domains Reexamination of the Justifications for the Derivative Works Right The
Meaning and Interpretation - The Personality of the Second Author Conclusion Ch
4 The Derivative Works Right - A Critical Review Introduction The Development and History of the Current Right Derivative Works and Reproduction under Current Law Overlapping or Separate Rights English Law - Explicit Statutory Overlap United States Law - Overlap by Case Law Existing Criticism of the Right to Make Derivative Works Suggestions to Limit the Scope of the Right Suggestions to Clarify the Interrelations between the Two Rights Separation from the Reproduction Right and Limiting Remedies - Adjusting the Right to Make Derivative Work with Its Underlying Justifications The Interrelations between the Right's Scope and Remedies The Underlying Justifications Require Limiting the Rights Remedies and Separating It from the Reproduction
5 A New Model for the Derivative Works Right Introduction Separate but Not Equal: Separating the Derivative Works Right from the Reproduction Right The Basis for the Suggested Definition Implications of the New Definition Alternative Remedy Regimes for the Derivative Works Right The Need for Weaker Remedies Injunctive Relief and Distribution of Profits Blocking Copyright Taxes and Levies The Proposed Remedies Model - Compulsory Licenses for the Making of Derivative Works Compulsory Licenses in Copyright Law The Suggested Model and Its Advantages Parallel Applicability of Additional Doctrines Conclusion Conclusion Index & Bibliography
Notes Existing Overlap Between the Derivative Works and Reproduction Rights Criticizing the Current Right to Make Derivative Works Redesigning the Derivative Works Right Ch
1 The Cognitive Aspects of Creativity Introduction The Creative Cognition--Theories Stage and Componential Process Theories Creativity as a Cognitive Process Creativity as Problem Solving Creativity as Problem Finding Crystallization of the Unfocused Thought--The Crucial Role of Knowledge and Memory Unfocused Thought--Associative Thought and Abstract Ideas The Use of Task-Relevant Knowledge The Use of Task-Relevant Knowledge and Memory in the Creative Process Theoretical Analysis of the Use of Knowledge and Memory Empirical Studies on Creativity Historical Studies Implications for Copyright Law Conclusion Ch. 2
Genre Theory and Common Building Blocks of Creativity Introduction The Development of The Detective Story: A Case Study The Basis for the Idea of Genre: Static Approaches of Classification Genre as a Logical Apriori Division of Art Genre as Prescription Genre as a Superior Division of Modes of Nature The Rejection of Genre Dynamic Approaches to Genre Linguistic Approaches to Genre Institutional Approaches to Genre Metaphorical Approaches to Genre Common Building Blocks as a Basis for Genre,
The Tool that Links the Various Players in the Field of Creativity Common Building Blocks as a Tool That Enables Creativity Common Building Blocks as a Meaning-Making Tool Implications for Copyright Law Conclusion Ch
3 Re-examining the Justifications for the Derivative Works Right Introduction The Economic Approach The Incentive-Access Approach Product Differentiation and Rent Dissipation A Criticism on Abramowicz and Differentiation in Derivative Works Lock and the Labor-Desert Approach Locke's Justification to Private Property Locke and Derivative Works The Corrective Justice Approach Corrective Justice and Private Rights Corrective Justice and Derivative Works A New Model for Derivative Works under Corrective Justice Hegel and the Personality Approach Hegel's Doctrine of Right Hegel and Derivative Works Message,
Right Adjusting the Derivative Works Right to Its Underlying Justifications Resolves the Tension with Non-Legal Approaches to Creativity Conclusion Ch
Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force. WlAbNL
Form Electronic book
ISBN 9780429799402
0429799403
9780429799419
0429799411
9780429439247
0429439245