Moral Rights, Creativity, and Copyright Law: The Death of the Transformative Author (Record no. 48221)

MARC details
000 -LEADER
fixed length control field 02191 a2200169 4500
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
International Standard Book Number 9781032534299
082 ## - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number 346.0482 HOO
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Hook, Sarah
245 ## - TITLE STATEMENT
Title Moral Rights, Creativity, and Copyright Law: The Death of the Transformative Author
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Name of publisher, distributor, etc Routledge
Place of publication, distribution, etc Abingdon, Oxon
Date of publication, distribution, etc 2024
300 ## - PHYSICAL DESCRIPTION
Extent 179
520 ## - SUMMARY, ETC.
Summary, etc This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticisation, of the role of the author.<br/><br/>The Romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice - especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic - for example, intellectual or emotional - interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivise innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so.<br/><br/>This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Copyright-Moral Rights
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Creative ability
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Authors-Legal status
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Koha item type Book
Source of classification or shelving scheme Dewey Decimal Classification

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