AUTHORING RIGHTS: READINGS IN COPYRIGHT LAW, 83-133 (Michael Birnhack & Guy Pessach, eds., Nevo Publishing, 2009)
51 Pages Posted: 20 Aug 2009 Last revised: 18 Apr 2017
Date Written: August 18, 2009
The cultural reading of Israel's 2007 Copyright Act attempts to expose the hidden assumptions of the law regarding the identity of the author and the substance of the creative process. The Act purports to regulate various aspects of the creative process. Thus, it must have some pre-supposition regarding the process and the players in the cultural field. These assumptions simultaneously reflect and construct cultural categories, hence their importance within the law and beyond the law. The legal recognition of a particular creative process and of a particular author, results in empowering the author with his or her interpretation of the work. This allocation of semiotic power might be at the cost of limiting the range of such interpretations. Moreover, when the law ignores some creative processes, it excludes authors from the legal realm. Accordingly, the cultural reading strives to shed light on the cultural categories embedded in the Act. A discussion of the Israeli Copyright Act indicates that it may contain a wide range of creative processes that may indicate some bias towards the romantic author and an exclusion of multi-peer works. The Act enables interactive meaning-making processes, which occur in the space between the author, the text, other texts, and the readers. The judicial interpretation of the Act should support this possible multiplicity.
Notes: Downloadable document is in Hebrew.
Keywords: israel, copyright, culture, meaning
Suggested Citation: Suggested Citation
Birnhack, Michael, A Cultural Reading: Israel's 2007 Copyright Act and the Creative Field (Hebrew) (August 18, 2009). AUTHORING RIGHTS: READINGS IN COPYRIGHT LAW, 83-133 (Michael Birnhack & Guy Pessach, eds., Nevo Publishing, 2009). Available at SSRN: https://ssrn.com/abstract=1457191