The Soul of Creativity: Forging a Moral Rights Law for the United States

The Soul of Creativity: Forging a Moral Rights Law for the United States
ISBN-10
0804773416
ISBN-13
9780804773416
Category
Law
Pages
272
Language
English
Published
2009-12-02
Publisher
Stanford University Press
Author
Roberta Rosenthal Kwall

Description

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.

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