Academic

Kwall on Zemer on Authorship

By Lawrence Solum

Roberta Rosenthal Kwall (DePaul University - College of Law) has posted The Author as Steward "for Limited Times": A Review of "The Idea of Authorship in Copyright" (Boston University Law Review, Vol. 88, 2008) on SSRN. Here is the abstract:

In THE IDEA OF AUTHORSHIP IN COPYRIGHT, Professor Lior Zemer attempts to conceptually reorganize copyright's entitlement structure by positing the public as a joint author of every copyrighted work. This Review delineates and critiques the main points of Zemer's thesis and analyzes the practical implications of his work. It then looks beyond Zemer's specific recommendations and suggests how his perspective may provide a useful basis for further scholarly contemplation. Specifically, it proposes that a different way of addressing Zemer's concern for the public domain is to denominate the colloquial author as a steward. Understanding the colloquial author as a steward of her work is consistent with the view that copyright ownership involves duties to the public as well as rights. This model facilitates the appropriate balance between public access and ownership rights because its underlying premise is that ownership rights exist to further a greater societal need.

Full post as published by Legal Theory Blog on February 27, 2008 (boomark / email).