58 Pages Posted: 14 Dec 2011
Date Written: 1990
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: 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