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Copyright Law and the Myth of Objectivity: The Idea-Expression Dichotomy and the Inevitability of Artistic Value Judgments

58 Pages Posted: 14 Dec 2011  

Amy Cohen

Western New England University School of Law

Date Written: 1990

Abstract

This Article focuses on the problem of how artistic values affect determinations of copyright management. It discusses how the copyright statutes embody a congressional desire to have determinations of eligibility for copyright made without regard for the artistic value of the work at issue. This Article also explores the dangers that Justice Holmes and those who have followed his lead saw in using assessments of artistic value to make copyright decisions. It also discusses how assessments of artistic value influence copyright infringement determinations, specifically through the application of the idea-expression dichotomy, a principle used to determine whether the copyright in a copyrighted work has been infringed.

Keywords: copyright law, intellectual property

Suggested Citation

Cohen, Amy, Copyright Law and the Myth of Objectivity: The Idea-Expression Dichotomy and the Inevitability of Artistic Value Judgments (1990). Indiana Law Review, Vol. 66, p. 175, 1990. Available at SSRN: https://ssrn.com/abstract=1971828

Amy Cohen (Contact Author)

Western New England University School of Law ( email )

1215 Wilbraham Road
Springfield, MA 01119
United States

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