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January 26, 2005
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On Creative "Originality"
This video is really dumb before it gets really smart about where creative "originality" comes from. It's two guys providing voice-over commentary to a lengthy presentation for their ad services, explaining that good "creatives" don't cannibalize or merely copy ideas from other ads -- they cannibalize stuff from farther afield, and when they copy ideas, they also tweak/improve upon them. Refreshingly honest. Foucault, Derrida, and the Creative Commons folk would approve. (Thanks, Hylton!)
Update: Speaking of creativity and orginality, Kembrew McLeod is holding a very cool conference February 25th at the University of Iowa College of Law exploring the theme. It features Siva and Science Commons ED John Wilbanks, among others. Excellent.
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1. Rafael Venegas on January 27, 2005 10:22 AM writes...
Creative originality is really a dubious concept.
Let us look at a hypothetical but very possible situation.
Someone owns a digital camera that can take 1,000 photographs in one memory chip. After a trip to various foreign countries, in the camera there are photos taken by many nationals of many countries who simply pushed a button as a favor to the camera owner, a tourist. After the trip, the camera owner has no way of identifying who took which photos. One of the photos was taken by a pet monkey, accidentally, and is of a plain, flat wall.
The qustions are:
Who are the copyright owners, the owner of the camera or the person or foreigner or monkey that pushed the button to take the photo?
Can the photo of a plain wall be copyright registered?
Is a plain wall shown on television copyright infringement of the wall photo?
Can a monkey be a copyright owner?
Do the copyright law of the foreign country apply to the photos taken in that country by a person of that country?
In waht countries are the photos to be copyright registered?
The questions are only made to show that the USA copyright law makes no sense in the area of copyright ownership and on the requirements for a work to qualify for copyright. Just for thought.
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