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The court ruled that exact or "slavish" reproductions of two-dimensional works such as paintings and photographs that were already in the public domain could not be considered original enough for protection under U.S. law, "a photograph which is no more than a copy of a work of another as exact as science and technology permits lacks ...
Textual criticism has been practiced for over two thousand years, as one of the philological arts. [4] Early textual critics, especially the librarians of Hellenistic Alexandria in the last two centuries BC, were concerned with preserving the works of antiquity, and this continued through the Middle Ages into the early modern period and the invention of the printing press.
Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. [citation needed] The modern idea of originality is according to some scholars tied to Romanticism, [1] by a notion that is often called romantic originality.
In literary theory, a text is any object that can be "read", whether this object is a work of literature, a street sign, an arrangement of buildings on a city block, or styles of clothing. [citation needed] It is a set of signs that is available to be reconstructed by a reader (or observer) if sufficient interpretants are available.
Literary theory is the systematic study of the nature of literature and of the methods for literary analysis. [1] Since the 19th century, literary scholarship includes literary theory and considerations of intellectual history , moral philosophy, social philosophy, and interdisciplinary themes relevant to how people interpret meaning . [ 1 ]
Porter: (a) whether copying occurred (as opposed to independent creation), and (b) whether the copying amounts to an "improper appropriation", meaning that enough of the author's protected expression (and not unprotected ideas) was copied to give rise to a "substantial similarity" between the original work and the putative copy.
The Court's opinion emphasized the importance of transformativeness in its fair use analysis of the parody of "Oh, Pretty Woman" involved in the Campbell case. In parody, as the Court explained, the transformativeness is the new insight that readers, listeners, or viewers gain from the parodic treatment of the original work.
For example, these ideas may be used to trace the history of scientific theories, literary elements, and other information that is passed from one author to another. In scientific literature, a primary source, or the "primary literature", is the original publication of a scientist's new data, results, and theories. [8]