2014年8月13日 星期三

Creativity and Culture in Copyright Theory

Outlines of Julie E. Cohen (2007) 40 U.C. Davis Law Rev.

I. The Creativity Paradox, p. 1151

Creativity is universally agreed to be a good that copyright law should seek to promote, yet copyright scholarship and policymaking have proceeded largely on the basis of assumptions about what it actually is. When asked to discuss the source of their inspiration, individual artists describe a process that is intrinsically ineffable. (Cohen, 2007, p. 1151)
[ineffable: inexpressible; unutterable. 但類似鄭X這個他母親養的人渣「想要做大事」,說明creativity 有深入澄清的必要。]

Rights theorists of all varieties have generally subscribed to this understanding, describing creativity in terms of an individual liberty whose form remains largely unspecified. Economic theorists of copyright work from the opposite end of the creative process, seeking to divine the optimal rules for promoting creativity be measuring its marketable byproducts.
(Cohen, 2007, p. 1152)

II. Three Methodological Anxieties

III. Decentering Creativity

IV. Engineering Creativity: Law and Culture

V. Copyright for Creativity: An Example



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