The death of the transformative author : an analysis of how moral rights in copyright law have the potential to limit creative freedom

Abstract

The Romantic conception of authorship situates an author as the organic, solitary creator of genius as well as the prime authority on interpretation. Works that are a modification, adaptation, parody and satire, as well as works resulting from collaborative authorship, are deemed a deviant form of authorship despite their historical prevalence. Literary studies from this point have critiqued the function of the author and the concept of originality however the law has yet to embrace the range of implications stemming from the diminishing relevance of the Romantic vision. This thesis is a sustained argument that romantic conceptions of authorship are a historically particular, unstable set of ideas that translate poorly into the realities of textual production both historically and in contemporary society. A reliance on such an unstable set of ideals creates an environment where secondary transformative authorship, a historically significant and socially accepted mode of writing, becomes illegitimatised. The Copyright (Moral Rights) Amendment Act 2000 (Cth), it is argued, is an embodiment of the Romantic conception of authorship and thus has the potential to stifle creativity in a very real, tangible way. A critique on the legislation, this thesis traverses legal analysis, literary theory, historical inquiry and cultural investigation in an attempt to offer a broader understanding of the role and rationale of moral rights theory and its incongruence in contemporary creative industries.

Date of Award	2013
Original language	English