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The Soul of CreativityForging a Moral Rights Law for the United States$
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Roberta Rosenthal Kwall

Print publication date: 2009

Print ISBN-13: 9780804756433

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804756433.001.0001

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(p.111) Chapter 8 Personas
The Soul of Creativity
Stanford University Press

This chapter addresses the issues implicated when the text in question is a public persona constructed by an individual rather than a more conventionally understood work of authorship. The issue regarding the application of moral rights to personas is not so much whether personas are sufficiently original, but rather whether personas should be considered works of authorship within the meaning of copyright law. Celebrities, as active participants in the construction of their personas, arguably can be regarded as “authors” and their personas as “works of authorship” for purposes of copyright law.

Keywords:   authorship, public persona, copyright law, celebrities, authors' rights, moral rights

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