A creative work is a manifestation of creative effort in the world through a creative process involving one or more individuals. The term includes fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, and musical composition. Creative works require a creative mindset and are not typically rendered in an arbitrary fashion, although works may demonstrate (i.e., have in common) a degree of arbitrariness, such that it is improbable that two people would independently create the same work.
At its base, creative work involves two main steps – having an idea, and then turning that idea into a substantive form or process. Typically, the creative process results in work that has some aesthetic value, identified as a creative expression. Naturally, this expression generally invokes external stimuli (e.g., influences and experiences) which a person draws on because they view the source as creative or inspirational; the degree to which this is reflected may be used in determinations of the derivativeness of the created work. Alternatively, the creator may draw on imagination, and their references may be clouded even to them, for the nature of imagination is as yet not fully understood philosophically, and the level of necessary self-examination of an artist's internal processing is a challenge for even those most self-aware of their minds and mental processes.
The term is frequently used in the context of copyright. [1]
For the purpose of section 221(2)(c) of the Income Tax (Trading and Other Income) Act 2005, the expression "creative works" means:
(a) literary, dramatic, musical or artistic works, or
(b) designs,
created by the taxpayer personally or, if the qualifying trade, profession or vocation is carried on in partnership, by one or more of the partners personally. [2]
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In legal discourse, an author is the creator of an original work that has been published, whether that work is in written, graphic, or recorded medium. The creation of such a work is an act of authorship. Thus, a sculptor, painter, or composer, is an author of their respective sculptures, paintings, or compositions, even though in common parlance, an author is often thought of as the writer of a book, article, play, or other written work. In the case of a work for hire, the employer or commissioning party is considered the author of the work, even if they did not write or otherwise create the work, but merely instructed another individual to do so.
A copyright is a type of intellectual property that gives its owner the exclusive legal 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 and fair dealings doctrine in the United Kingdom.
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 most of the world's legal systems.
In European academic traditions, fine art is made primarily for aesthetics or creative expression, distinguishing it from popular art, decorative art or applied art, which also either serve some practical function or is generally of limited artistic quality in order to appeal to the masses. In the aesthetic theories developed in the Italian Renaissance, the highest art was that which allowed the full expression and display of the artist's imagination, unrestricted by any of the practical considerations involved in, say, making and decorating a teapot. It was also considered important that making the artwork did not involve dividing the work between different individuals with specialized skills, as might be necessary with a piece of furniture, for example. Even within the fine arts, there was a hierarchy of genres based on the amount of creative imagination required, with history painting placed higher than still life.
In common usage and in philosophy, ideas are the results of thought. Also in philosophy, ideas can also be mental representational images of some object. Many philosophers have considered ideas to be a fundamental ontological category of being. The capacity to create and understand the meaning of ideas is considered to be an essential and defining feature of human beings.
A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation. A royalty interest is the right to collect a stream of future royalty payments.
The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.
The Copyright Act is the federal statute governing copyright law in Canada. It is jointly administered by the Department of Industry Canada and the Department of Canadian Heritage. The Copyright Act was first passed in 1921 and substantially amended in 1988 and 1997. Several attempts were made between 2005 and 2011 to amend the Act, but each of the bills failed to pass due to political opposition. In 2011, with a majority in the House of Commons, the Conservative Party introduced Bill C-11, titled the Copyright Modernization Act. Bill C-11 was passed and received Royal Assent on June 29, 2012.
Remix culture, also known as read-write culture, is a term describing a culture that allows and encourages the creation of derivative works by combining or editing existing materials. Remix cultures are permissive of efforts to improve upon, change, integrate, or otherwise remix the work of other creators. While combining elements has always been a common practice of artists of all domains throughout human history, the growth of exclusive copyright restrictions in the last several decades limits this practice more and more by the legal chilling effect. In reaction, Harvard law professor Lawrence Lessig, who considers remixing a desirable concept for human creativity, has worked since the early 2000s on a transfer of the remixing concept into the digital age. Lessig founded the Creative Commons in 2001, which released a variety of licenses as tools to promote remix culture, as remixing is legally hindered by the default exclusive copyright regime applied on intellectual property. The remix culture for cultural works is related to and inspired by the earlier Free and open-source software for software movement, which encourages the reuse and remixing of software works.
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive.
"Authors' rights" is a term frequently used in connection with laws about intellectual property.
The Copyright Arbitration Royalty Panel (CARP) system was a part of the United States Congress involved in making decisions regarding copyright royalties.
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work. The derivative work becomes a second, separate work independent 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.
The philosophy of copyright considers philosophical issues linked to copyright policy, and other jurisprudential problems that arise in legal systems' interpretation and application of copyright law.
The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission.
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976, and went into effect on January 1, 1978.
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 and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1929, are in the public domain.
Art and culture law refers to legal aspects of the visual arts, antiquities, cultural heritage, and the art market and encompasses the safeguarding, regulation, and facilitation of artistic creation, utilization, and promotion. Practitioners of art law navigate various legal areas, including intellectual property, contract, constitutional, tort, tax, commercial, immigration law, estates and wills, cultural property law, and international law to protect the interests of their clients.
Brandalism is an activist artist collective founded in 2012 in the United Kingdom which engages in subvertising, culture jamming, and protest art. Brandalism uses subvertising to alter and critique corporate advertising by creating parodies or spoofs to replace ads in public areas. The art is typically intended to draw attention to political and social issues such as consumerism and the environment. Advertisements produced by the Brandalism movement are silk screen printed artworks, and may take the form of a new image, or a satirical alteration to an existing image, icon or logo. The advertisements are often pasted over billboards, or propped under the glass of roadside advertising spaces.
The protection of intellectual property (IP) of video games through copyright, patents, and trademarks, shares similar issues with the copyrightability of software as a relatively new area of IP law. The video game industry itself is built on the nature of reusing game concepts from prior games to create new gameplay styles but bounded by illegally direct cloning of existing games, and has made defining intellectual property protections difficult since it is not a fixed medium.