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.
Wendy J. Gordon,
Render Copyright unto Caesar: On Taking Incentives Seriously
University of Chicago Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2058