Creative Determinism and the Claim to Intellectual Property

Risser, Rita Elizabeth

doi:10.5840/monist201093320

Cited by 1 publication

(1 citation statement)

References 8 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Widely replicated Feist case setting the US standard of originality require independent creation and 'modiculum of creativity' [3], while English law standard is prominent by 'labor and skills' test, and EU 'own intellectual creation standard' [4], inspired absolutist position of the notion of property in Civil law legal tradition [5], and based on the 'proprietorship dictated by normativism advocating individual autonomy in copyrights [6]. The difference in qualification criteria of the standards is being widely consolidated by the uniform approach on the idea-expression dichotomy.…”

Section: Review Of Literaturementioning

confidence: 99%

Creativity Oriented Originality in Non-Protection of Ideas: Inter- Compliance of Originality and Idea-Expression Dichotomy

Ismanjanov¹

2017

Intel Prop Rights

View full text Add to dashboard Cite

Originality and Idea-Expression Dichotomy as key concepts of copyrights that define protectable domain can be considered as mutually contradictory phenomena. Non-protection on ideas in Idea-Expression dichotomy is incongruent with the creativity orientation of originality, since the attainment of necessary level of creativity necessitates more of less idea-wise operation. Contradiction has mitigated by lower threshold of originality in line with overall non-monopolistic effect of the copyrights. Different dimensions of operation of these standards may be mitigating the conflict of these concepts, as idea-expression dichotomy focusing on non-monopolization of ideas, while in originality the attention to the minimum level of creativity. The added complexity of the problem reminds on unsuitability of the legal instrument in distinguishing the creativity as a process. While essential goal of originality is in distinguishing the creativity rather than labor or expression, and the product of creativity can be seen as more idea-wise, even if being an expression, as ideas are also expressed in the same form. The obvious contradiction is that ideas being results of creativity are excluded from the protection by idea-expression dichotomy. Some constructive but subtle primacy of originality over the idea-expression dichotomy is still perceptible, that can potentially mitigate the conflict of these concepts.

show abstract

Section: Review Of Literaturementioning

confidence: 99%

Creativity Oriented Originality in Non-Protection of Ideas: Inter- Compliance of Originality and Idea-Expression Dichotomy

Ismanjanov¹

2017

Intel Prop Rights

View full text Add to dashboard Cite

show abstract

Creative Determinism and the Claim to Intellectual Property

Cited by 1 publication

References 8 publications

Creativity Oriented Originality in Non-Protection of Ideas: Inter- Compliance of Originality and Idea-Expression Dichotomy

Creativity Oriented Originality in Non-Protection of Ideas: Inter- Compliance of Originality and Idea-Expression Dichotomy

Contact Info

Product

Resources

About