Technological and economic concerns have long been the drivers of debate about copyright. But diverse disciplines in the humanitiesincluding literary studies, aesthetics, film studies, and the philosophy of arthave a great deal to offer if we wish to establish a more nuanced and useful conception of copyright and authorship. This volume brings together scholars from a range of disciplines to explore the challenges inherent in translating aesthetics and creativity studies to concepts of copyright, especially as longstanding approaches are troubled by the rise of the digital.
Mireille van Eechoudis professor of law in the Institute for Information Law at the University of Amsterdam.
Voices near and far
Introduction
Mireille van Eechoud
Creative work and communicative norms
Perspectives from legal philosophy
Laura Biron
Romantic authorship in copyright law and the uses of aesthetics
Erlend Lavik
Creativity, autonomy and personal touch
A critical appraisal of the CJEU’s originality test for copyright
Stefvan Gompel
Adapting the work
Mireille van Eechoud
Reassessing the challenge of the digital
An empirical perspective on authorship and copyright
Elena Cooper
Creativity and the sense of collective ownership in theater and popular music
Jostein Gripsrud
Discontinuities between legal conceptions of authorship and social practices
What, if anything, can be done?
Lionel Bently and Laura Biron
About the authors