Document Type

Working Paper

Publication Date

3-1-2004

SSRN Discipline

English & American Literature Research Network; *Humanities - Forthcoming Areas; ISN Subject Matter eJournals; LSN Subject Matter eJournals; ERPN Subject Matter eJournals; LIT Subject Matter eJournals; Intellectual Property Law eJournals; Legal Scholarship Network; PRN Subject Matter eJournals; Rhetoric & Communication Research Network; Philosophy Research Network; Entrepreneurship Research & Policy Network; Law School Research Papers - Legal Studies; Law School Research Papers - Public Law & Legal Theory; Humanities Network; Information Systems & eBusiness Network; RCRN Subject Matter eJournals

Abstract

Both literary scholars and students of copyright law have challenged the romantic model of authorship a model emphasizing individual genius and creation ex nihilo Authorship they argue is actually a collaborative effort Authors assemble their works from the fragments of their cultural environment transforming as much as creating Copyright law however still champions the rights of authors and it requires a coherent theory of what authorship is An alternative to the romantic model of authorship can be found in information theory a branch of mathematics dealing at a very fundamental level with all forms of communication Authorship could be defined simply as the unconstrained selection of one means of expression from an array of alternative means a definition mirroring how information theorists quantify the information content encoded in a message That conception of authorship already suggested by existing parallels between information theory and copyrights doctrine of merger answers some of the criticism directed at the romantic model namely its overemphasis on the inspired meaningdefining solitary authorgenius On the other hand this unromantic model would suggest that a broad array of texts qualify as copyrightable works of authorship including some in which the means of expression are selected by random or mechanical processes

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