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Originality
Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. The modern idea of originality is according to some scholars tied to Romanticism, by a notion that is often called romantic originality.Smith (1924)Waterhouse (1926)Macfarlane (2007) The validity of "originality" as an operational concept has been questioned. For example, there is no clear boundary between "derivative" and "inspired by" or "in the tradition of." The concept of originality is both culturally and historically contingent. For example, unattributed reiteration of a published text in one culture might be considered plagiarism but in another culture might be regarded as a convention of veneration. At the time of Shakespeare, it was more common to appreciate the similarity with an admired classical work, and Shakespeare himself avoided "unnecessary invention".Royal Shakespeare Company (2007) ''The RSC Shakespeare - Wi ...
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Creativity
Creativity is a phenomenon whereby something new and valuable is formed. The created item may be intangible (such as an idea, a scientific theory, a musical composition, or a joke) or a physical object (such as an invention, a printed Literature, literary work, or a painting). Scholarly interest in creativity is found in a number of disciplines, primarily psychology, business studies, and cognitive science. However, it can also be found in education, the humanities (philosophy, the arts) and theology, social sciences (sociology, linguistics, economics), engineering, technology and mathematics. These disciplines cover the relations between creativity and general intelligence, personality type, mental and neural processes, mental health, artificial intelligence; the potential for fostering creativity through education, training, leadership and organizational practices; the factors that determine how creativity is evaluated and perceived; the fostering of creativity for national eco ...
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Sweat Of The Brow
Sweat of the brow is an intellectual property law doctrine that is chiefly related to copyright law. According to this doctrine, an author gains rights through simple diligence during the creation of a work, such as a database, or a directory. Substantial creativity or "originality" is not required. Under a "sweat of the brow" doctrine, the creator of a work, even if it is completely unoriginal, is entitled to have that effort and expense protected; no one else may use such a work without permission, but must instead recreate the work by independent research or effort. The classic example is a telephone directory. In a "sweat of the brow" jurisdiction, such a directory may not be copied, but instead a competitor must independently collect the information to issue a competing directory. The same rule generally applies to databases and lists of facts. According to the Databases Directive 96/9/EC, member states of the EU are obliged to confer protection known as the database ri ...
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Derivative Work
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works. Most countries' legal systems seek to protect both original and derivative works. They grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author. Definition Berne The Berne Convention for the Protection of Literary and Artistic Works, an internatio ...
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Derived Work
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works. Most countries' legal systems seek to protect both original and derivative works. They grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author. Definition Berne The Berne Convention for the Protection of Literary and Artistic Works, an internationa ...
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Romanticism
Romanticism (also known as the Romantic movement or Romantic era) was an artistic, literary, musical, and intellectual movement that originated in Europe towards the end of the 18th century, and in most areas was at its peak in the approximate period from 1800 to 1850. Romanticism was characterized by its emphasis on emotion and individualism, clandestine literature, paganism, idealization of nature, suspicion of science and industrialization, and glorification of the past with a strong preference for the medieval rather than the classical. It was partly a reaction to the Industrial Revolution, the social and political norms of the Age of Enlightenment, and the scientific rationalization of nature. It was embodied most strongly in the visual arts, music, and literature, but had a major impact on historiography, education, chess, social sciences, and the natural sciences. It had a significant and complex effect on politics, with romantic thinkers influencing conservatis ...
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Romantic Originality
Romanticism (also known as the Romantic movement or Romantic era) was an artistic, literary, musical, and intellectual movement that originated in Europe towards the end of the 18th century, and in most areas was at its peak in the approximate period from 1800 to 1850. Romanticism was characterized by its emphasis on emotion and individualism, clandestine literature, paganism, idealization of nature, suspicion of science and industrialization, and glorification of the past with a strong preference for the medieval rather than the classical. It was partly a reaction to the Industrial Revolution, the social and political norms of the Age of Enlightenment, and the scientific rationalization of nature. It was embodied most strongly in the visual arts, music, and literature, but had a major impact on historiography, education, chess, social sciences, and the natural sciences. It had a significant and complex effect on politics, with romantic thinkers influencing conservatism, lib ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial ...
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Edward Young
Edward Young (c. 3 July 1683 – 5 April 1765) was an English poet, best remembered for ''Night-Thoughts'', a series of philosophical writings in blank verse, reflecting his state of mind following several bereavements. It was one of the most popular poems of the century, influencing Goethe and Edmund Burke, among many others, with its notable illustrations by William Blake. Young also took holy orders, and wrote many fawning letters in search of preferment, attracting accusations of insincerity. Early life Young was a son of Edward Young, later Dean of Salisbury, and was born at his father's rectory at Upham, near Winchester, where he was baptized on 3 July 1683. He was educated at Winchester College, and matriculated at New College, Oxford, in 1702. He later migrated to Corpus Christi, and in 1708 was nominated by Archbishop Tenison to a law fellowship at All Souls. He took his degree of Doctor of Canon Law in 1719.Chisholm, 1911 Literary career Young's first pu ...
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TRIPS Agreement
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO. The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, s ...
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Berne Convention
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that prot ...
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Berne Convention For The Protection Of Literary And Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that prot ...
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Feist V
Feist may refer to: * Feist (dog), a small hunting dog * ''Feist'' (video game), an action video game for PlayStation 4, Linux, OS X, Windows, and Xbox One * ''Feist Publications, Inc., v. Rural Telephone Service Co.'' (also ''Feist''), a decision by the Supreme Court of the United States People * Feist (singer) (born 1976), Canadian indie pop singer-songwriter and guitarist * Felix E. Feist (1910–1965), American film and television director and writer * Gene Feist (1923–2014), American playwright, theater director and co-founder of the Roundabout Theater Company * Gregory J. Feist (born 1961), American psychologist * Leo Feist (1869–1930), publisher of popular American music * Margot Honecker (; 1927–2016), East German politician * Mathias Feist Fritz is a German chess program originally developed for Chessbase by Frans Morsch based on his Quest program, ported to DOS, and then Windows by Mathias Feist. With version 13, Morsch retired, and his engine was firs ...
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