Restating Copyright Law's Originality Requirement

نویسندگان

چکیده

In 2015, the American Law Institute (ALI) launched an effort to develop a Restatement of Copyright Law, project still mired in controversy both because statutory nature copyright law and deep, abiding ideological disagreements about policy. The ALI drafting group had worked through several versions some sections draft by late 2020; handful these have been approved Council are ready go before general membership. So now is good time for close analysis chunks that crystallized. This Article reviews 2020 Restatement’s presentation threshold requirement protection United States: protects only works embody “originality.” In broad strokes, take on originality faithful Supreme Court’s 1991 Feist v. Rural Telephone decision, perhaps too much so. Missing richer discussion being “intellectual” creation as well role personality human judgment establishing originality. The also discusses doctrinal missteps makes; if uncorrected, mistakes will leave us with partial misstatement law. This part symposium issue Columbia Journal Arts.

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ژورنال

عنوان ژورنال: Social Science Research Network

سال: 2021

ISSN: ['1556-5068']

DOI: https://doi.org/10.2139/ssrn.3811132