Tuesday, August 26, 2008
Roberta Rosenthall Kwall, DePaul University School of Law, Tulane University School of Law, has published "The Soul of Creativity: Should Intellectual Property Law Protect the Integrity of a Creator's Work - International Norms," part of her book, The Soul of Creativity: Should Intellectual Property Law Protect the Integrity of a Creator's Work (Stanford University Press, 2009). Here is the abstract.
This Chapter explores in general terms the treatment accorded authors in foreign jurisdictions. In contrast to the United States, many countries maintain authors' rights protections that enable authors to safeguard the integrity of their texts far more readily than authors in this country. Thus, the United States is out of step with global norms by not recognizing more substantial authors' rights. Moreover, the Internet environment makes the United States' deficiency particularly problematic because violations of textual integrity can occur with unprecedented ease, and the results can be disseminated to countless recipients with the mere press of a key. Yet, these differences cannot be so easily remedied because certain cultural and legal differences preclude the wholesale adoption of another country's approach absent careful consideration of its fit into our existing legal framework.
Download the chapter from SSRN here.