A Creature of Statute: Copyright Law and Legal Formalism
Entertainment Law Review, Vol. 13, No. 2, pp. 31-38, February 2002
Posted: 10 Oct 2004
This article argues that copyright law is not just a creature of statute, but it is also a social and imaginative contruct. It evaluates a number of critiques of legal formalism. Part 1 examines whether the positive rules and principles of copyright law are the product of historical contingency and political expediency. Part 2 considers the social operation of copyright law in terms of its material effects and cultural significance. Part 3 investigates the future of copyright law, in light of the politics of globalisation and the impact of new information technologies.
Keywords: Copyright law, legal theory, new historicism, cultural studies, cyber-law, globalisation
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