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Authorship, Aesthetics and the Artworld: Reforming Copyright’s Joint Authorship Doctrine

Biron, Laura, Cooper, Elena (2015) Authorship, Aesthetics and the Artworld: Reforming Copyright’s Joint Authorship Doctrine. Law and Philosophy, . pp. 1-31. ISSN 0167-5249. E-ISSN 1573-0522. (doi:10.1007/s10982-015-9244-y) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:51628)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
Official URL
http://doi.org/10.1007/s10982-015-9244-y

Abstract

This article considers the extent to which insights from the philosophy of art can assist copyright law in identifying the author or authors of works to which many have contributed. In doing so, it looks to institutional theories of art, which go beyond a simple bifurcation of ‘author’ and ‘work’, and focus instead on broader determinants of an art work’s production, such as the ‘artworld’. It puts forward a framework focusing on three components of authorship supported by these theories: role, authority and intention. The paper then draws attention to some important challenges that this framework raises for copyright law’s joint authorship doctrine in the UK and USA, and suggests some ways in which copyright law might be reformed, so as to allow copyright to retain its own benchmarks while also bringing conceptions of authorship in law and art closer together.

Item Type: Article
DOI/Identification number: 10.1007/s10982-015-9244-y
Uncontrolled keywords: joint authorship, art work, simple bifurcation, broad determinant
Subjects: B Philosophy. Psychology. Religion > BJ Ethics
K Law
Divisions: Faculties > Humanities > School of European Culture and Languages > Philosophy
Depositing User: Jacqueline Martlew
Date Deposited: 10 Nov 2015 13:15 UTC
Last Modified: 29 May 2019 16:19 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/51628 (The current URI for this page, for reference purposes)
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