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

See all articles by Matthew Rimmer

Matthew Rimmer

Queensland University of Technology (QUT)

Abstract

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

Suggested Citation

Rimmer, Matthew, A Creature of Statute: Copyright Law and Legal Formalism. Entertainment Law Review, Vol. 13, No. 2, pp. 31-38, February 2002. Available at SSRN: https://ssrn.com/abstract=600861

Matthew Rimmer (Contact Author)

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

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