The Soul of Creativity: Forging a Moral Rights Law for the United States
4/5
()
About this ebook
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.
Related to The Soul of Creativity
Related ebooks
Making Rights Real: Activists, Bureaucrats, and the Creation of the Legalistic State Rating: 0 out of 5 stars0 ratingsThe Evolution of the Juvenile Court: Race, Politics, and the Criminalizing of Juvenile Justice Rating: 0 out of 5 stars0 ratingsStick Together and Come Back Home: Racial Sorting and the Spillover of Carceral Identity Rating: 0 out of 5 stars0 ratingsArmed or Dangerous: Unpacking the Gun Control Debate in America Rating: 0 out of 5 stars0 ratingsMoving from Judgement to Self Compassion Rating: 0 out of 5 stars0 ratingsPlanning with Neighborhoods Rating: 0 out of 5 stars0 ratingsKnowledge-Based Systems and Legal Applications Rating: 0 out of 5 stars0 ratingsGovernment: How Local, State, and Federal Government Works Rating: 0 out of 5 stars0 ratingsManaging Conversations with Hostile Adults: Strategies for Teachers Rating: 0 out of 5 stars0 ratingsEssays On Professionalism Rating: 0 out of 5 stars0 ratingsPostal Inspector (U.S.P.S.): Passbooks Study Guide Rating: 0 out of 5 stars0 ratingsCourt-Martial at Parris Island: The Ribbon Creek Incident Rating: 4 out of 5 stars4/5Jailhouse Stylistics | Notes on Legal Style and Rhetoric Rating: 0 out of 5 stars0 ratingsSchool-linked Services: Promoting Equity for Children, Families, and Communities Rating: 0 out of 5 stars0 ratingsHousing Desegregation and Federal Policy Rating: 0 out of 5 stars0 ratingsInalienable Rights Versus Abuse: A Commonsense Approach to Public Policy Rating: 0 out of 5 stars0 ratingsSailing the Magistracy: A General Guide into the Legal Practice of Trinidad and Tobago Rating: 0 out of 5 stars0 ratingsBe Safe!!: Little Known Knowledge to Keep You and Your Loved Ones Safe! Rating: 0 out of 5 stars0 ratingsFoster Care and Best Interests of the Child: Integrating Research, Policy, and Practice Rating: 0 out of 5 stars0 ratingsReckoning with Homelessness Rating: 2 out of 5 stars2/5Law as Punishment / Law as Regulation Rating: 0 out of 5 stars0 ratingsMaking All the Difference: Inclusion, Exclusion, and American Law Rating: 4 out of 5 stars4/5Food Co-ops in America: Communities, Consumption, and Economic Democracy Rating: 3 out of 5 stars3/5Equality on Trial: Gender and Rights in the Modern American Workplace Rating: 0 out of 5 stars0 ratingsLife, Liberty and the Pursuit of Happiness Rating: 0 out of 5 stars0 ratingsMastering Emotional Intelligence: Enhancing Relationships and Self-Mastery Rating: 5 out of 5 stars5/5We Do Things Differently: The Outsiders Rebooting Our World Rating: 0 out of 5 stars0 ratingsHow to learn faster Rating: 0 out of 5 stars0 ratingsForgetting the Former Things: Brain Injury’s Invitation to Vulnerability and Faith Rating: 0 out of 5 stars0 ratings
Law For You
Win In Court Every Time Rating: 5 out of 5 stars5/5Legal Writing in Plain English: A Text with Exercises Rating: 3 out of 5 stars3/5How to Think Like a Lawyer--and Why: A Common-Sense Guide to Everyday Dilemmas Rating: 3 out of 5 stars3/5Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time Rating: 5 out of 5 stars5/5The ZERO Percent: Secrets of the United States, the Power of Trust, Nationality, Banking and ZERO TAXES! Rating: 5 out of 5 stars5/5Estate & Trust Administration For Dummies Rating: 0 out of 5 stars0 ratingsSecrets of Criminal Defense Rating: 5 out of 5 stars5/5Legal Words You Should Know: Over 1,000 Essential Terms to Understand Contracts, Wills, and the Legal System Rating: 4 out of 5 stars4/5Dictionary of Legal Terms: Definitions and Explanations for Non-Lawyers Rating: 5 out of 5 stars5/5Law For Dummies Rating: 4 out of 5 stars4/5The Common Law Rating: 4 out of 5 stars4/5The Pro Se Litigant's Civil Litigation Handbook: How to Represent Yourself in a Civil Lawsuit Rating: 5 out of 5 stars5/5The Everything Guide To Being A Paralegal: Winning Secrets to a Successful Career! Rating: 5 out of 5 stars5/58 Living Trust Forms: Legal Self-Help Guide Rating: 5 out of 5 stars5/5Verbal Judo, Second Edition: The Gentle Art of Persuasion Rating: 4 out of 5 stars4/5With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful Rating: 4 out of 5 stars4/5The Everything Executor and Trustee Book: A Step-by-Step Guide to Estate and Trust Administration Rating: 3 out of 5 stars3/5Wills and Trusts Kit For Dummies Rating: 5 out of 5 stars5/5The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks Rating: 4 out of 5 stars4/5Criminal Law Rating: 0 out of 5 stars0 ratingsPatents, Copyrights and Trademarks For Dummies Rating: 4 out of 5 stars4/5Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America Rating: 4 out of 5 stars4/5Trans: When Ideology Meets Reality Rating: 3 out of 5 stars3/5The LLC and Corporation Start-Up Guide: Your Complete Guide to Launching the Right Business Rating: 5 out of 5 stars5/5The Socratic Method: A Practitioner's Handbook Rating: 4 out of 5 stars4/5When Harry Became Sally: Responding to the Transgender Moment Rating: 3 out of 5 stars3/5No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State Rating: 4 out of 5 stars4/5
Reviews for The Soul of Creativity
2 ratings1 review
- Rating: 4 out of 5 stars4/5I’m going to try to do a serious review of this eventually, but basically, Kwall argues that highly creative works express the author’s personal meaning and message, and that this connection justifies granting authors rights of attribution and rights against distortion much more broadly than US law presently does, though she doesn’t quite think European versions would work in the US. I don’t think I ever really understood “meaning and message,” but she believes that this highly personal connection is “intrinsic” to the right kind of authors. I don’t have anything against attribution norms, but I think attribution rights are a terrible idea, and her proposal to limit the remedy to injunctive relief (a court order requiring attribution or a disclaimer of agreement) and not damages except in special cases did not reassure me. Every author thinks her own case is special, which is kind of the point that would impel her to sue over a perceived violation of her moral rights. So to me the proposal is just another way that authors/copyright owners could threaten subsequent creators to shut them up (since pure copying would almost never violate moral rights—there’s no distortion and usually no failure to attribute).