1st Edition

The Routledge Companion to Copyright and Creativity in the 21st Century

Edited By Michelle Bogre, Nancy Wolff Copyright 2021
    386 Pages 6 B/W Illustrations
    by Routledge

    386 Pages 6 B/W Illustrations
    by Routledge

    These collected chapters and interviews explore the current issues and debates about how copyright will or should adapt to meet the practices of 21st-century creators and internet users.

    The book begins with an overview of copyright law basics. It is organized by parts that correspond to creative genres: Literary Works, Visual Arts, Fine Art, Music, Video Games and Virtual Worlds, Fashion, and Technology. The chapters and interviews address issues such as copyright ownership in work created by Artificial Intelligence (AI), the musical remix market, whether appropriation is ever a fair use of a copyrighted work or if it is always theft, and whether internet- based platforms should do more to deter piracy of creators’ works. Each part ends with an essay explaining the significance of one or two landmark or trendsetting cases to help the reader understand the practical implications of the law.

    Written to be accessible to both lay and legal audiences, this unique collection addresses contemporary legal issues that all creators need to understand and will be essential reading for artists, designers, and musicians as well as the lawyers who represent them.




    Notes on Contributors

    Part I. Copyright Basics

    1.1 Copyright Basics: What You Think You Know May Not Be True

      • Legal Systems
      • Copyright Is Federal Law
      • Copyright Protects Creative Expression
      • Joint Copyright
      • Work Made For Hire
      • Copyright Holders’ Rights
      • Registration
      • Infringement
      • Fair Use
      • Digital Millennium Copyright Act
      • Termination Rights
      • Moral Rights
      • Visual Artists Rights Act
      • Works Integrated Into Buildings

    Part II. Literary Works

    2.0 Introduction

    2.1 Piracy of Books in the Digital Age (Essay by Cheryl L. Davis)

    2.2 Is A Picture Really Worth More Than A Thousand Words? (Essay by Marcia Paul)

    2.3 Fair Use: The Judicial Mix-Up Over "A Mixed Question of Law and Fact" (Essay by Terence P. Keegan)

    2.4 Fair Use: The Linchpin to the Future of the Copyright Act (Essay by Michael Donaldson)

    2.5 Self-Publishing Revolution: Copyright Pitfalls for Writers Who Go It Alone (Essay by Francine Ward)

    2.6 Landmark Case

    Part III. Visual Arts (Photography, Illustration, Animation)

    3.0 Introduction

    3.1 How Close Can You Get: Substantial Similarity in the Context of Works of Visual Art (Essay by Dale M. Cendali and Shanti Sadtler Conway)

    3.2 Gorgeous Photograph, Limited Copyright (Essay by Justin Hughes)

    3.3 Copyright Concerns for Visual Journalists (Essay by Mickey H. Osterreicher)

    3.4 Social Media: Use It and Lose It? (Essay by Joseph T. Baio)

    3.5 Landmark Case

    Part IV. Fine Art (Sculpture, Painting)

    4.0 Introduction

    4.1 The Art Collector’s Burden: Guiding a Collection Through the Thicket of Copyright Law (Essay by Judith B. Prowda)

    4.2 Protection of Street Art: Has VARA Finally Found its Métier? (Essay by William T. McGrath)

    4.3 Appropriation Art: Creating by Taking (Essay by Daniel J. Brooks)

    4.4 Appropriation Art: Creating by Using (Essay by John Koegel)

    4.5 Authorship and Authenticity: Banksy (Interview with Alex Branczik)

    4.6 Landmark Case

    Part V. Music

    5.0 Introduction

    5.1 A Remix Compulsory Licensing Regime for Music Mashups (Essay by Peter S. Menell)

    5.2 Sampling: Using Recordings as Musical Instruments (Interview with Cameron Mizell)

    5.3 Subconscious Copying: From George Harrison to Sam Smith, a Song Gets in Your Head and Winds up in a New Song (Essay by William Stafford)

    5.4 Why Music Should Not Be Free: The Battle for Survival (Interview with Phil Galdston and David Wolfert)

    5.5 Music, Deposit Copies, and Unanswered Questions After Skidmore v. Led Zeppelin (Essay by Bob Clarida)

    5.6 Co-Authorship: A Little Help Can Lead to a Big Headache (Interview with Jonathan Coulton)

    5.7 Landmark Case

    Part VI. Video Games and Virtual Worlds

    6.0 Introduction

    6.1 Video Games and Virtual Worlds: Recreating the World and Fighting A Dragon In It (Essay by Christina Scelsi)

    6.2 Virtual Property & Virtual Currency (Essay by Brandon J. Huffman)

    6.3 Press "X" To Open: Pandora’s Loot Box (Essay by Caroline Womack)

    6.4 Landmark Case

    Part VII. Fashion

    7.0 Introduction

    7.1 Buyer Beware: Copyright Issues in the Fashion Industry (Essay by Jeffrey A. Kobulnick and Michael A. Bernet)

    7.2 Hermes in Hermès: Searching for Boundaries in Non-Traditional Trademarks and Copyrights (Essay by Olivera Medenica)

    7.3 Idea/Expression Dichotomy: If the Belt Buckle Fits, You Can Copy It (Interview with Barbara Kolsun)

    7.4 Landmark Case

    Part VIII. Technology

    8.0 Introduction

    8.1 The DMCA Safe Harbor: User-Generated Content (Essay by Joseph C. Gratz)

    8.2 The DMCA Safe Harbor: Policy and Practice Divided (Essay by Christopher S. Reed)

    8.3 Copyright Trolls: When Copyright Litigation Becomes a Business Model. (Essay by Scott J. Sholder)

    8.4 Virtual Reality: Blending the Real World with Copying (Essay by Kenneth N. Swezey and Elizabeth Altman)

    8.5 Artificial Intelligence and the Future of Literary Works (Essay by Mary Rasenberger)

    8.6 Landmark Case

    Part IX. Future Copyright

    9.1 Future of Copyright

    9.2 What’s Next: Predictions from Interviewees and Authors



    Michelle Bogre, Esq., is a Professor Emerita from Parsons School of Design in New York City, where she taught photography and copyright law for artists and designers. She is the author of three other books: Photography As Activism: Images for Social Change; Photography 4.0: A Teaching Guide for the 21st Century; and, her newest, Documentary Photography Reconsidered: Theory, History and Practice.

    Nancy Wolff is a partner at the bi-coastal firm Cowan, DeBaets, Abrahams & Sheppard, LLP. She is co-chair of the firm’s litigation department, Past President of the Copyright Society of the USA (CSUSA), and member of the American Bar Association (ABA) IP Task Force on Copyright Reform. She is the author of Best Practices in Image Licensing, published in the Licensing Journal, and The Professional Photographers Legal Handbook.

    A helpful guide for lawyers and creators in all sectors of arts and entertainment, this collection assembles contributions from many of the leading figures in law practice and academia. The book offers a useful summary of copyright basics, then explores particular fields through a general introduction, contributor essays, and a "landmark case" illustrating the application of copyright norms to a dispute of legal and human interest. The concluding chapter forecasts future treatment of the key legal issues explored in this volume.

    Jane C. Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia University School of Law