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Copyright, Data and Creativity in the Digital Age: A Journey through Feist

Introduction The decision Significance Diffusion Status as law Circumstances and progress of the case Feist and the digital age Conclusion Reading of the decision Approach Structure Narrative motifs Conclusion References Critiques of the decision Introduction Themes of critiques Complexity Creativity Dissonance with existing understandings Incentive role Appeal to nineteenth-century precedents Consonance with natural justice Feist and the digital age European Union Review and synthesis Conclusion References Creativity in the decision: into the briar patch Introduction Creativity in the decision Originality A minimal degree of creativity The creative spark utterly lacking or so trivial as to be virtually nonexistent Overview Narrative motif Conclusion Creativity in the decision: chapter summary References Creativity utterly lacking: through the Wicket Gate Introduction Creativity utterly lacking So mechanical or routine Entirely typical...end product...garden-variety Could, not be more obvious...the most basic information Dictated by state law Age-old practice...time-honored tradition Synthesis Relation to the European Union and other jurisdictions Creativity utterly lacking: through the Wicket Gate: chapter summary Narrative motif Conclusion References Correlation: the key to Doubting Castle Introduction Overall correspondence Specific correlations So mechanical or routine So mechanical So...routine So mechanical or routine Entirely typical... end product... garden-variety ... could not be more obvious ... the most basic information Entirely typical...end product...garden-variety Could not be more obvious...the most basic information Entirely typical...end product...garden-variety...could not be more obvious...the most basic information Dictated by state law Age-old practice...time-honored tradition Synthesis Relation to the European Union and other jurisdictions Narrative motif Conclusion Correlation: the key to Doubting Castle: chapter summary References Creativity: out of the labyrinth Introduction Transformation of negation The not mechanical and meaning Meaning and direct engagement with meaning Direct engagement with meaning and classic concepts of creativity Creativity Relation to the European Union and other jurisdictions Narrative motif Creativity: out of the labyrinth: chapter summary Conclusion References A minimal degree of creativity Introduction A minimal degree of creativity Introduction of a minimal degree of creativity Basis for the requirement for a minimal degree of creativity Application to compilations Ratio decidendi Conclusion to the judgment Review and synthesis Level and amount of creativity Level Amount Level and amount Synthesis of level and amount Integration of creativity Relation to the European Union and other jurisdictions Narrative motif Conclusion A minimal degree of creativity: chapter summary References Originality: Odysseus Introduction Originality requirement and meaning Requirement Meaning Independent creation and a minimal degree of creativity Originality and previous understandings of copyright Originality and labor Incentive role Consonance with natural justice Application to compilations Relation to the European Union and other jurisdictions Narrative motif Conclusion Originality: Odysseus: chapter summary References Qualities of reading Introduction Themes of critiques Complexity Creativity Dissonance Incentive role Appeal to nineteenth-century precedents Consonance with natural justice Feist and the digital age European Union Conclusion Other qualities of the reading Summary of argument Summary of argument as logical statements Conclusion References Introduction The decision Reading of the decision Approach Structure Conclusion References

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Introduction: the convergence of the twain