Chapter

The Individual as Creator

John Tehranian

in Infringement Nation

Published in print February 2011 | ISBN: 9780199733170
Published online May 2011 | e-ISBN: 9780199894567 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199733170.003.0005
The Individual as Creator

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This chapter focuses on the individual as creator. In so doing, it finds that, although copyright may go too far in vindicating the rights of some creators, it actually does too little for others. Formalities lie at the heart of this hierarchy of protection, and they provide insight into the particular interests the modern copyright regime serves. This deconstruction of copyright code is both revealing and instructive. Most prominently, it shatters the myth of American copyright militancy by demonstrating how the United States copyright system is far less protective of creator interests than those of other countries. But just as importantly, it suggests it is not necessarily greater or lesser copyright that is needed, but rather a regime that more fully considers the interests of ordinary individuals acting as both users and creators of creative content.

Keywords: copyright law; copyright protection; copyright regime; creative content; creators

Chapter.  17220 words.  Illustrated.

Subjects: Intellectual Property Law

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