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The Lessons of Living Gardens and Jewish Process Theology for Authorship and Moral Rights

Vanderbilt Journal of Entertainment & Technology Law, Forthcoming

DePaul Legal Studies Research Paper No. 2012-05

27 Pages Posted: 8 Mar 2012 Last revised: 16 Oct 2012

Roberta Rosenthal Kwall

DePaul University - College of Law

Date Written: February 29, 2012

Abstract

This Article examines the issues of authorship, fixation and moral rights through the lens of Jewish Process Theology. Jewish Process Theology is an application of Process Thought, which espouses a developmental and fluid perspective with respect to creation and creativity. This discipline offers important insights for how to shape and enforce copyright law. The issue of "change" and authorship is more important now than ever before given how the digital age is revolutionizing the way we think about authorship. The Seventh Circuit's recent decision wrongly maintaining that a living garden is not capable of copyright protection since it is unfixed, changeable and partially the product of non-human authorship illustrates the need for interdisciplinary guidance with respect to copyright law and policy.

Keywords: authorship, fixation, moral rights, Jewish law, Process Thought, Process Theology, creativity

Suggested Citation

Kwall, Roberta Rosenthal, The Lessons of Living Gardens and Jewish Process Theology for Authorship and Moral Rights (February 29, 2012). Vanderbilt Journal of Entertainment & Technology Law, Forthcoming; DePaul Legal Studies Research Paper No. 2012-05. Available at SSRN: https://ssrn.com/abstract=2017955

Roberta Rosenthal Kwall (Contact Author)

DePaul University - College of Law ( email )

Center for Intellectual Property Law & Information
25 East Jackson Blvd.
Chicago, IL 60604-2287
United States
312-362-8131 (Phone)
312-362-5448 (Fax)

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