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Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

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Publication Date

Winter 2004




University of Chicago Law School




This Essay suggests we bifurcate our thinking. Conventional copyright rules by money, so let it rule the money-bound. Let a different set of rules evolve for more complex uses, particularly when the users have a personal relationship with the utilized text. Much recent scholarship contains dramatic suggestions to secure a freedom to be creative, rewrite, and be imaginative. My work has long sought to defend such freedoms, but I believe we understand imagination and its conditions too little to employ it as a starting point. I suggest instead that we acquire a better conceptual map of the generative process and the mix of incentives that serve it.


Republished as: "Dati Caru Njegovo Autorsko Pravo: O Ozbiljnom Shva Anju Poticaja," translated by Zeljko Mrsic, Nov-um (2008). [Croatian]

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