Is Copyright Law Stifling Creativity?
by Chris ArledgeLast week, a federal judge in New York issued an injunction precluding the publication of a novel based on J.D. Salinger’s “The Catcher in the Rye.” The new novel, by Swedish author Fredrik Colting, describes the adventures of the elderly “Mr. C,” a not-so-veiled pseudonym for Salinger’s famous “Holden Caulfield.” The federal court enjoined publication of the book in the United States after finding that it is a likely copyright infringement. The Salinger lawsuit illuminates a weakness in copyright law that threatens to undermine copyright’s central purpose-promoting creativity.
J.D. Salinger
American law differs from law in Europe (and elsewhere) by not granting-except in limited cases-any “moral rights” to the creator of an artistic work. Moral rights are designed to protect the integrity of a work; for example, moral rights could stop a television station from editing a movie in ways the director believes undermine his artistic vision. Copyright law, however, has no such interest. The Copyright Act rests on Congress’ authority under the United States Constitution “to promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Thus, the purpose of copyright law is to encourage creativity by giving artists, authors, and others the exclusive right to benefit from their creative efforts for a limited period of time. (more…)
Email this to a friend | Print |
Share on Facebook
| Tweet this
| 
Follow Us on Twitter
Subscribe via RSS
Tips & Feedback