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Originality
Originality is the aspect of created or invented works that distinguish them from replica, reproductions, clones, forgery, 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 ...
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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 conservatism, libe ...
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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, liber ...
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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 righ ...
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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 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 economic bene ...
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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 righ ...
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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, Film adaptation, cinematic adaptations and Arrangement, 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 Art ...
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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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Replica
A 1:1 replica is an exact copy of an object, made out of the same raw materials, whether a molecule, a work of art, or a commercial product. The term is also used for copies that closely resemble the original, without claiming to be identical. Also has the same weight and size as original. Replicas have been sometimes sold as originals, a type of fraud. Most replicas have more innocent purposes. Fragile originals need protection, while the public can examine a replica in a museum. Replicas are often manufactured and sold as souvenirs. An inverted replica complements the original by filling its gaps. Sometimes the original never existed. It is logically impossible for there to be a replica of something that never existed. Replicas and reproductions can be related to any form of licensing an image for others to use, whether it is through photos, postcards, prints, miniature or full size copies they represent a resemblance of the original object. Not all incorrectly attributed it ...
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Copyright Law Of The United States
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/law/us-constitution/ . Retrieved December 3, 2015. Under the ...
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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 (born 1961), ChessBase and Fritz programmer * Rainer Feist (1945–2007), officer in the German Navy * Raymond E. Feist (born 1945), American fantasy fiction author * Sigmund Feist Sigmund Feist (Mainz, 12 June 1865 - Copenha ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Threshold Of Originality
Threshold may refer to: Architecture * Threshold (door), the sill of a door Media * ''Threshold'' (1981 film) * ''Threshold'' (TV series), an American science fiction drama series produced during 2005-2006 * "Threshold" (''Stargate SG-1''), an episode of the TV series * "Threshold" (''Star Trek: Voyager''), an episode of the TV series * Threshold Entertainment, a Hollywood Intellectual Property Management and Production Company * Threshold Podcast, a podcast focused on long-form reporting of climate justice topics Literature * ''Threshold'' (1990 novel), a science fiction novel by Chris and Janet Morris * ''Threshold'' (Sara Douglass novel), a fantasy novel * ''Threshold'' (Palmer novel), a science fiction novel by David R. Palmer * ''Threshold'', the first volume of the collected short fiction of Roger Zelazny * ''Threshold'' (DC Comics), a comic book published by DC Comics * Threshold (''Doctor Who''), an organization in ''Doctor Who'' comic strips * ''Threshold'', a ...
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