The Soul of Creativity: Forging a Moral Rights Law for the United States

Roberta Rosenthal Kwall

dic 2009 · Stanford University Press

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In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations.

On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, this book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.

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Roberta Rosenthal Kwall is the Raymond P. Niro Professor of Intellectual Property Law and the Founding Director of the Center for Intellectual Property Law & Information Technology at DePaul University College of Law.