Roberta Rosenthal Kwall

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Roberta Rosenthal Kwall is the Raymond P. Niro Professor at DePaul University College of Law. [1] In 2006, Chicago Magazine highlighted Kwall as one of the Ten Best Law Professors in Illinois. [1]

Career

Roberta Rosenthal Kwall is an American law professor, author, and lecturer. She teaches at DePaul University College of Law and received her A.B. in Religious Studies from Brown University and her JD from the University of Pennsylvania Law School. She also has a Master's degree in Jewish Studies. Kwall has written extensively on author's rights, copyright law, creativity theory, Jewish law and Jewish culture, and lectures extensively on these topics internationally.

She is one of the leading experts on the doctrine of moral rights, and also one of a small number of female law professors in the United States who writes on Jewish law and Jewish culture. Professor Kwall is the author of over thirty-five academic articles and book chapters on these topics. She has also written popular pieces for JTA, The Jewish Journal, The Forward, The Jewish Week, Commentary Magazine, and The Chicago Tribune.

One of Kwall's seminal law review articles, "Inspiration and Innovation: The Intrinsic Dimension of the Artistic Soul," asserts that U.S. copyright law relies solely on the theory of economic incentive as motivation for creativity, resulting in a flawed system of legal protection for authors' works as compared to other legal systems that incorporate moral rights based on internal motivations for human creativity that have nothing to do with money. This piece also explores creativity theory from a Jewish and Christian perspective. [2]

Kwall's publications also include several casebooks in Property Law and Intellectual Property published by Foundation Press. In addition, she has written three monographs: "Remix Judaism: Preserving Tradition in a Diverse World," (Rowman & Littlefield, 2020); "The Myth of the Cultural Jew: Culture and Law in Jewish Tradition" (Oxford U. Press, 2015) and "The Soul of Creativity" (Stanford U. Press, 2010.) Currently she is co-editing the Oxford Handbook of Jewish Law.

Related Research Articles

Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of 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.

Intellectual property Notion of ownership of ideas and processes

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 most well-known types are copyrights, patents, 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.

Creativity

Creativity is a phenomenon whereby something somehow new and somehow valuable is formed. The created item may be intangible or a physical object.

Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions.

The history of copyright starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1710, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned", was the first copyright statute. Initially copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were made subject to copyright and copyright now covers a wide range of works, including maps, performances, paintings, photographs, sound recordings, motion pictures and computer programs.

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The droit d'auteur developed in the 18th century at the same time as copyright developed in the United Kingdom. Based on the "right of the author" instead of on "copyright", its philosophy and terminology are different from those used in copyright law in common law jurisdictions. It has been very influential in the development of copyright laws in other civil law jurisdictions, and in the development of international copyright law such as the Berne Convention.

The threshold of originality is a concept in copyright law that is used to assess whether a particular work can be copyrighted. It is used to distinguish works that are sufficiently original to warrant copyright protection from those that are not. In this context, "originality" refers to "coming from someone as the originator/author", rather than "never having occurred or existed before".

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Pamela Samuelson is the Richard M. Sherman '74 Distinguished Professor of Law and Information Management at the University of California, Berkeley with a joint appointment in the UC Berkeley School of Information and Boalt Hall, the School of Law.

The Adelphi Charter on Creativity, Innovation and Intellectual Property is the result of a project commissioned by the Royal Society for the encouragement of Arts, Manufactures & Commerce, London, UK, and is intended as a positive statement of what good intellectual property policy is. The Charter was issued in 2004.

"Author's rights" is a term frequently used in connection with laws about intellectual property.

Christian Stephen Smith is an American sociologist, currently the William R. Kenan Jr. Professor of Sociology at the University of Notre Dame. Smith's research focuses primarily on religion in modernity, adolescents and emerging adults, sociological theory, philosophy of science, the science of generosity, American evangelicalism, and culture. Smith is well known for his contributions to the sociology of religion, particularly his research into adolescent spirituality, as well as for his contributions to sociological theory and his advocacy of critical realism.

The following outline is provided as an overview of and topical guide to intellectual property:

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The copyright law of New Zealand is covered by the Copyright Act 1994 and subsequent amendments. It is administered by Business Law Policy Unit of the Ministry of Business, Innovation and Employment (MBIE). In June 2017, a review of the existing legislation was announced.

Moral rights in Canadian copyright law are protected under the Copyright Act of Canada and include an author's right to attribution, integrity and association of a work. Moral rights are to be distinguished from economic rights; moral rights essentially being derived from the reflection of the author's personality in his or her work, whereas economic rights grant an author the ability to benefit economically from their work. An author of a work retains moral rights for the length of the copyright, even if the copyright has been assigned or licensed to another party. Moral rights cannot be assigned or licensed, but can be waived by contract.

Innovation leadership is a philosophy and technique that combines different leadership styles to influence employees to produce creative ideas, products, and services. The key role in the practice of innovation leadership is the innovation leader. Dr. David Gliddon (2006) developed the competency model of innovation leaders and established the concept of innovation leadership at Penn State University.

Société Plon et autres v. Pierre Hugo et autres, 04-15.543 Arrêt n° 125 is a decision by the First Civil Chamber of the Cour de Cassation which ruled that François Cérésa's adaptations/sequels of Les Misérables do not per se violate the droit moral of its author Victor Hugo and his estate. Droit moral originated in France, this case serves to limit the scope of that right and expand the public domain in French copyright law.

Rochelle Cooper Dreyfuss is an American attorney who is the Pauline Newman Professor of Law and Co-Director of the Engelberg Center on Innovation Law & Policy at New York University School of Law.

References

  1. 1 2 "Roberta R. Kwall | Faculty A-Z | Faculty & Staff | College of Law | DePaul University, Chicago". law.depaul.edu. Retrieved 2019-11-06.
  2. Kwall, Roberta Rosenthal (2006). "Inspiration and Innovation: The Intrinsic Dimension of the Artistic Soul". Notre Dame L. Rev. 81: 1945.