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What Is a Copyright Work?
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Brad Sherman
Published/Copyright:
January 3, 2011
The work, which came into its own with the emergence of modern copyright law at the turn of the twentieth century, occupies a pivotal (but largely unexplored) position in copyright law. Focusing on the question of how copyright decides whether part of a work should be treated as a separate and distinct object, this Article looks at some of the techniques that copyright law uses to decide both what is a work and when a new work comes into being. The Article shows that in spite of the central role that the work plays in copyright doctrine the law is not well equipped to explain when a new work has come into being.
Published Online: 2011-1-3
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
- Article
- Introduction
- Copyright and Truth
- Copyrights as Incentives: Did We Just Imagine That?
- Copyright as Tort
- What Is a Copyright Work?
- Copyright and Social Movements in Late Nineteenth-Century America
- The "Extraordinary Multiplicity" of Intellectual Property Laws in the British Colonies in the Nineteenth Century
- Hebrew Authors and English Copyright Law in Mandate Palestine
- Is Copyright Property? -- The Debate in Jewish Law
- Bollywood/Hollywood
- Tailoring Copyright to Social Production
- Global Intellectual Property Governance (Under Construction)
- An Old-Fashioned View of the Nature of Law
