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Focusing solely on the musical output of composer Igor Stravinsky, this chapter explores the evolution of what would become a characteristic compositional process – so-called ‘block form’ – in later works including Concertino, Symphony in Three Movements and Introitus T. S. Eliot in Memoriam. Close analysis of scores for these works, as well as a 1943 revision of the ‘Sacrificial Dance’ from The Rite, shows how Stravinsky crafted an idiomatic compositional technique that could produce both textural variation and structure coherence, while, in some cases, supporting a musical narrative.
In the digital era, short videos have become a significant form of digital copyright, yet the debate over whether stronger copyright protection enhances their creation continues. To contribute to this discourse, we conducted an analysis based on a representative sample of short videos on a prominent Chinese short video platform, Douyin. Capitalizing on an external regulatory intervention, specifically the Campaign against Online Infringement and Piracy (COIP) implemented by the Chinese government, we employed the difference-in-differences (DID) method to assess the impact of reinforced copyright protection on the originality of short videos. Our findings reveal that strengthened copyright protection leads to a significant increase in the originality of short videos. Further research on creator heterogeneity shows that influencers exhibit a significantly more positive response to strengthened copyright protection than amateur creators. Finally, we present evidence explaining how external regulation works by enhancing intra-platform regulation. These results have rich implications for intellectual property protection, digital innovation management, and platform regulation.
This introduction offers a brief account of Clare’s biography, drawing attention to some of the major events in his life, and some of the aspects of his life and his work which have most interested critics. It goes on to offer an extended close reading of one of Clare’s poems, in order to demonstrate the ways in which Clare is able to write within convention, but also to develop a unique poetic voice. By examining his engagement with the aesthetic discourse of the picturesque as exemplary, it argues for his particular capacity both to reflect and to enable reflection upon Romantic-period issues and debates, and also for the originality of Clare’s posture and verse.
This chapter describes how copyright evolved from a right in books, to a right in ’original works’. The chapter considers whether ’works’ are things (the ’metaphysical question’).
Innovation, typically spurred by reusing, recombining and synthesizing existing concepts, is expected to result in an exponential growth of the concept space over time. However, our statistical analysis of TechNet, which is a comprehensive technology semantic network encompassing over 4 million concepts derived from patent texts, reveals a linear rather than exponential expansion of the overall technological concept space. Moreover, there is a notable decline in the originality of newly created concepts. These trends can be attributed to the constraints of human cognitive abilities to innovate beyond an ever-growing space of prior art, among other factors. Integrating creative artificial intelligence into the innovation process holds the potential to overcome these limitations and alter the observed trends in the future.
This research explores AI-generated originality's impact on copyright regulations. It meticulously examines legal frameworks such as the Berne Convention, EU Copyright Law, and national legislation. Rigorously analyzing cases, including Infopaq International A/S v Danske Dagblades Forening and Levola Hengelo BV v Smilde Foods BV, illuminates evolving originality and human involvement in AI creativity. The study also contemplates global perspectives, drawing from esteemed organizations such as the World Intellectual Property Organization and the European Court of Justice and exploring diverse approaches adopted by individual nations. The paper emphasizes the imperative need for legislative updates to address the challenges and opportunities of AI-generated works. It highlights the pivotal role of international collaboration and public awareness in shaping copyright policies for the AI-driven creativity era. It also offers insights and recommendations for policymakers and researchers navigating this complex terrain.
Oxford classicist, lover of Renaissance art, Pater might seem to belong in a different atmospheric universe from that which presided over the emergence of intertextual theory in the Paris of the 1960s. While his name is virtually synonymous with subjective aesthetic response, the notion of intertextuality, first named and honed at the hands of Julia Kristeva, Roland Barthes, and Michel Foucault, is, by contrast, tightly intertwined with the idea of authorial impersonality. Yet these realms and modes of thought are not as dichotomous as they may initially appear, however starkly distinct their critical languages. Over the decades since his death, Pater’s work has given rise to considerable comment regarding his use of source material. This chapter examines Pater’s practice of ‘second-hand’ writing in ‘Style’ – in particular his borrowings from Flaubert and Maupassant – in the light of intertextual theory in comparison with the extreme citational practices of Flaubert and Joyce. Highlighting significant similarities and differences between their treatment of sources, it brings into focus the specificity of Pater’s drive to style the second-hand.
The introduction defines the two key terms of the book, “matter” and “making.” For the early English court poets, “matter” was a relative term. In its most concrete sense, it denoted the pre-existing textual sources that a poet used as the basis for his poetry, but it also referred, in a broader and Aristotelian sense, to whatever materials a poem was understood to be made from. “Making referred to the set of techniques that early writers used to rework matter into poetry, and it had its origins in classical rhetoric: a poet was said to begin by “inventing” (or identifying) matter on which to work, and only afterwards to “dispose” (or restructure) that matter into a new form and shape. “Making” differs from the Scholastic model of authorship, which stresses the authority (or auctoritas) of the writer, and it also differs from early modern theories of authorship, which stress the autonomy of the literary work. It persists as the prevailing method for writing poetry even to the reign of Elizabeth I, although literary attitudes towards matter in particular begin to shift during the sixteenth century.
Chapter 4 explores Kant’s theory of genius. The chapter avoids the well-discussed question about whether or why Kant denied that scientific activity requires or displays genius. It instead asks whether, in Kant’s view, genius can produce original nonsense. Is taste a component of genius, or does taste impose constraints on genius as if from the outside? The chapter maintains that Kant takes up two distinct conceptions of genius, the thin and the thick. Both conceptions can be found in Kant’s early thoughts about genius. When the two notions are retained in the third Critique, it creates internal tensions.
The letters in Plautus are potent tools for making and thinking about Plautine comedy inside Plautine comedy. Emilia Barbiero demonstrates that Plautus' embedded letters reify the internal performance and evince its theatricality by means of the epistolary medium's script-like ability to precipitate presence in absence. These missives thus serve as emblems of the dramatic script, and in their onstage composition and recitation they cast a portrait of the plays' textual origins into the plays themselves. But by virtue of their inscription with a premise which is identical to that of the comedies they inhabit, the Plautine letters also reproduce the relationship between the playwright's Greek models and his Latin translations: the mirror effect created by a dramatic text inscribed, read and realized within a dramatic text whose plot it also duplicates generates a mise-en-abyme which ultimately serves to contemplate problems of novelty and literary ownership that beset Plautus' literary endeavor.
Neuroscientific studies of the creative process reveal that artistic ingenuity is not the black box the law supposes it to be. These studies explode several popular myths about art and artists—myths that courts have used to justify their failure to truly interrogate creativity. The courts tend to believe in the creativity of novices, romanticizing the artistic potential of children and the mentally ill. Instead, the science reveals a strong correlation between expertise, learned skills, and creative output. Western societies assume that creativity arrives in a flash of insight, often when the artist is not even thinking about the project at hand; the truth is that creative breakthroughs take sustained effort and motivation. Rather than being incapable of outside understanding, various aspects of creative thought—including the generation of new visual imagery—can now be identified via changes in brain chemistry. The chapter uses copyright cases concerning a variety of works—from fine art to photography to Barbie dolls—to illustrate the flawed ways in which courts try to discern artistic creativity and how they might be reconceptualized in light of neuroscientific discoveries.
This essay examines the importance of unoriginality in nineteenth-century American literature, showing how imitation and conventionality affirmed writers’ respectability and provided important legitimizing credentials. By way of illustration, this essay considers the career of Washington Irving, who presented himself as a guardian of literary tradition and repeatedly narrated the virtues of allowing the past to shape the future. As Irving’s career evidences, nineteenth-century readers did not particularly prize originality but instead found value in the familiar and conventional.
Creativity, an apex of consciousness, contains the altered states of a creative trance that are treasured across cultures and time. Ranging from the creativity of everyday life to the reveries that inspire works of science and art to the fast-moving action of sports that shape and reshape personal goals, the creative trance can also be a transcendent experience, an ecstasy using the body’s own pharmacology. There are multiple depths of a creative trance, from light enjoyable flow states to deep experiences obliterating all external stimuli. The degree of depth can correlate with the psychological capacity for absorption. The creative trance relates to the Five-Factor Model of Personality, Openness, Big-C and little-c creativity, Wallas’ four-stage creative process, and Barron’s concept of a habitually creative person. The creative trance can be a pivot to personal transformation, creating new work and a new view of the world, and may also bring the capacity for transcendence.
In those moments when focus on creative work overrides input from the outside world, we are in a creative trance. This psychologically significant altered state of consciousness is inherent in everyone. It can take the form of daydreams generating scientific or creative ideas, hyperfocus in sports, visualizations that impact entire civilizations, life-changing audience experiences, or meditations for self-transformation that may access states beyond trance, becoming gateways to transcendence. Artist and psychologist Tobi Zausner shows how creative trance not only operates in scientific inventions and works of art in all media, but is also important in creating and recreating the self. Drawing on insights from cognitive neuroscience, clinical psychology and post-materialist psychology, this book investigates the diversity of the creative trance ranging from non-industrial societies to digital urban life, and its presence in people from all backgrounds and abilities. Finally, Zausner investigates the future of trance in our rapidly changing world.
The paper argues that the principle of technological neutrality in copyright law is best grasped, not as a policy-driven imperative seeking to adapt copyright law to the exigencies of the digital environment, but rather as a principle immanent in the modern concept of copyright subject matter providing that merely technical or non-expressive uses of works of authorship do not attract liability. Technological neutrality is but a corollary of originality; that is, of the elementary proposition that copyright law protects original expression and nothing but original expression.
This extended analysis of The Penelopiad, an alternative “herstory” to Homer’s Odyssey, and Hag-Seed, a radical rewriting of The Tempest staged in a Canadian men’s prison, deals with Atwood’s revisionary practices as she redeploys classic texts for her own purposes. Referencing Linda Hutcheon’s theory of adaptation, this discussion foregrounds these texts as Atwood’s most sustained adaptation projects, exploring how such revisions involve authorial decisions around purpose, fidelity, commentary, appropriation, and autonomy. Discussion of The Penelopiad centers on Atwood’s reflections on the nature of myth in its contemporary interpretations and on her feminist politics of narrative representation, while Hag-Seed offers a different revisionary perspective with its emphasis on the figure of the author-artist-magician, personified in the theatre director, Prospero’s double. Crossing genre boundaries between highbrow and lowbrow, Atwood exploits the appeal of popular genres while retaining the resonance of literary fiction.
Chapter 5 contends that crypsis acted as a versatile trope by which fin-de-siècle literary and cultural critics thought through and complicated ideals of self-expression and originality. The critics discussed often invoked animal crypsis as a figure of conformity and bad faith, the opposite of authentic, autonomous expression. Such cryptophobic individualism is traced through the work of Lesley Stephen, Theodore Watts-Dunton, Walter Pater and Oscar Wilde, and its contradictions examined. Although the trope drew on the imagery of adaptive appearance, its ideal of authentic expression was incongruent with the latter’s semiotic logic. Further, several of the authors discussed worried that too much discursive individualism and authenticity would threaten social cohesion. Stephen’s and Watts-Dunton’s religious and literary criticism attacked cultural imitation and protective mimicry while fearing that their removal might presage violent revolution or degeneration. Walter Pater, conversely, concluded that all art was inherently mimetic, reworking elements from pre-existing sources. He suggested that individualism was attained by mixing eclectic influences, generating novel combinations. It would take Pater’s pupil, Oscar Wilde, though, to fully realise the radical implications of such mimetic individualism. His vision of artistic authenticity required eluding recognition so that, paradoxically, the artist truly stood out by blending in.
Starting from the demonstration by Milman Parry and Albert Lord that a complex traditional system developed over centuries for the composition in performance of epic song by deeply experienced poets is the engine of Homeric poetry, this essay describes the way that meaning is generated and can be identified within such a system. In all of the elements of the poem, from the smallest compositional unit (the line and its components) to the largest (the overall song consisting of many scroll-length songs each of which consists of concatenated themes), the experienced interpreter must grasp both its horizontal and vertical aspects ‒ in other words, an element’s place within the hierarchy of the whole as well as what differentiates any given element from its likes elsewhere in the tradition.
Street art in Australia is not only an important part of urban Australian culture but also a serious commercial business and a part of government urban planning in metropolitan areas. It is both legally recognised and encouraged by sophisticated government policies but those policies have surprisingly little to say directly about copyright. Graffiti is usually defined as unlawful because it is done on public or private property without permission and there is no general legal freedom to paint on public or private property surfaces without express or implied permission. It is discouraged by not enjoying legal protection and being the subject of considerable adverse commentary.