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Download StatisticsO'Neill, Karen (2024). Authorship of computer-generated works in copyright: a new materialist perspective. University of Birmingham. Ph.D.
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ONeill2024PhD.pdf
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Abstract
Authorship of computer-generated works (CGWs) under s9(3) of the Copyright, Designs and Patents Act 1988 (CDPA) remains largely unexplored by the judiciary except for few cases such as the seminal ruling in Nova Productions Ltd and Mazooma Games Ltd and Others Nova Productions Ltd and Bell Fruit Games Ltd [2006] EWHC 24. Questions emerge in academic literature on the meaning and scope of the arrangements that will be deemed necessary for authorship under the provision.
It is contended that copyright law needs to better understand the meaning of CGWs. It is suggested that the current understanding of how copyright matter is formed corresponds with the Newtonian and Cartesian theory on matter. This results in a reductionist approach to copyright works, where works are interpreted as static ‘things or an objects’; evidenced in the very narrow judicial interpretations of the categorisation system within the CDPA. This has the potential for the judiciary to erroneously abstract material as an idea rather than as copyrightable expression, which may have future implications for the authorship of CGWs. Further, once matter is understood as a static thing or an object, it creates a dualist understanding of matter, where differences become essential in determining legal conceptualisation. Arguably, this creates a distraction from fully understanding CGWs.
This thesis posits that the ontological theory of new materialism should be adopted to better understand CGWs. This can be done by focusing on the materials and material effects of a CGW, so the processes involved in such a work become more visible. It should be noted that computer-generated materials may include computer programs. This thesis takes a forensic gaze into the legal materials that attempts to give meaning to computer materials. An examination of the legal texts and statutory interpretive tools is conducted, providing an ontological understanding of computer matter, including CGWs, for copyright purposes.
| Type of Work: | Thesis (Doctorates > Ph.D.) | |||||||||
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| Award Type: | Doctorates > Ph.D. | |||||||||
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| Licence: | All rights reserved | |||||||||
| College/Faculty: | Colleges > College of Arts & Law | |||||||||
| School or Department: | Birmingham Law School | |||||||||
| Funders: | Other | |||||||||
| Other Funders: | University of Birmingham (College of Arts and Law) | |||||||||
| Subjects: | K Law > K Law (General) | |||||||||
| URI: | http://etheses.bham.ac.uk/id/eprint/15143 |
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