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Original
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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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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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 tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, 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 in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, 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 ove ...
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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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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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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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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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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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Shakespeare
William Shakespeare ( 26 April 1564 – 23 April 1616) was an English playwright, poet and actor. He is widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's national poet and the " Bard of Avon" (or simply "the Bard"). His extant works, including collaborations, consist of some 39 plays, 154 sonnets, three long narrative poems, and a few other verses, some of uncertain authorship. His plays have been translated into every major living language and are performed more often than those of any other playwright. He remains arguably the most influential writer in the English language, and his works continue to be studied and reinterpreted. Shakespeare was born and raised in Stratford-upon-Avon, Warwickshire. At the age of 18, he married Anne Hathaway, with whom he had three children: Susanna, and twins Hamnet and Judith. Sometime between 1585 and 1592, he began a successful career in London as ...
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Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual go ...
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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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