Abstract

http://ssrn.com/abstract=2047978
 
 

Footnotes (136)



 


 



The Sine Qua Non of Copyright


Deborah M. Hussey Freeland


University of San Francisco - School of Law

April 30, 2012

51 Journal of the Copyright Society of the U.S.A. 762 (2004)
Univ. of San Francisco Law Research Paper

Abstract:     
The United States Supreme Court treats originality as the sine qua non of copyright. How can this abstract quality best be recognized under the law, particularly in the difficult case of multiply produced works? This article grapples with controverted definitions of "original" and "copy," analyzing the positions and interests of various players in the art world with respect to what should count as an original work. Using the case of bronze sculptures that various parties seek to attribute to Auguste Rodin and discussing their status under national and international laws, this article identifies and calls for these laws to converge upon a legal definition of "originality" that is best informed by theories of authenticity, history and market value.

Number of Pages in PDF File: 34

Keywords: copyright, originality, authorship, authenticity, original, copy, Rodin, bronzes, droit moral, moral rights, rights of the artist, VARA, Visual Artists' Rights Act, California fine print statute, art law, John Searle, social facts

Accepted Paper Series


Download This Paper

Date posted: April 30, 2012  

Suggested Citation

Hussey Freeland, Deborah M., The Sine Qua Non of Copyright (April 30, 2012). 51 Journal of the Copyright Society of the U.S.A. 762 (2004); Univ. of San Francisco Law Research Paper. Available at SSRN: http://ssrn.com/abstract=2047978

Contact Information

Deborah M. Hussey Freeland (Contact Author)
University of San Francisco - School of Law ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
Feedback to SSRN


Paper statistics
Abstract Views: 270
Downloads: 25
Footnotes:  136

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.234 seconds