Abstract

http://ssrn.com/abstract=1709529
 


 



Independent Creation and Originality in the Age of Imitated Reality: A Comparative Analysis of Copyright and Database Protection for Digital Models of Real People


Bryce Clayton Newell


University of Washington - The Information School

November 15, 2010

Brigham Young University International Law & Management Review, Vol. 6, p. 93, 2010

Abstract:     
This Article addresses a few of the issues that confront digital artists and modeling companies in the context of copyright law’s requirements of originality and independent creation, and provides a comparative look at potential protection for these types of digital models under differing definitions of originality. In an age when animators deal with pixels as well as paint brushes, the laws of the United States potentially offer digital artists less protection in this context than do the laws of other countries, such as the United Kingdom and Australia. Specifically, the requirement of originality after Feist and the lack of sui generis database protection in the United States provide less protection for digital visual effects artists engaged in modeling reality than do the laws of these other jurisdictions. This Article examines some examples of recent advancements in digital imaging technology; specifically, the ability to create digital clones of preexisting things, such as living or deceased personalities and other, non-human, objects. The Article then provides a comparative analysis of copyright’s requirement of originality in the United States, United Kingdom, and Australia, followed by a brief look at sui generis protection under the European Union’s recent directive on the legal protection of databases.

Number of Pages in PDF File: 41

Keywords: Database, Copyright, Europe, European Union, European, United States, Australia, United Kingdom, Protection, Originality, Digital, Models, Independent Creation

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Date posted: November 16, 2010  

Suggested Citation

Newell, Bryce Clayton, Independent Creation and Originality in the Age of Imitated Reality: A Comparative Analysis of Copyright and Database Protection for Digital Models of Real People (November 15, 2010). Brigham Young University International Law & Management Review, Vol. 6, p. 93, 2010. Available at SSRN: http://ssrn.com/abstract=1709529

Contact Information

Bryce Clayton Newell (Contact Author)
University of Washington - The Information School ( email )
4311 11th Ave NE, Suite 400
Box 354985
Seattle, WA Washington 98105
United States
HOME PAGE: http://ischool.uw.edu/people/phd/bcnewell
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