San Diego Law Review

Article Title

The Copyright Moment


Lior Zemer

Library of Congress Authority File


Document Type



This Article focuses on the social nature of copyright law, specifically the moment that a copyright is formed. The process of coming to the idea that is eventually copyrighted is a collaborative process, simply because that how ideas are formed. The formation of ideas is collaborative since any one author of an idea will form that idea either by the innate ideas that the author possesses, which Zemer discounts as unusual, or by pairing those innate ideas that the author of the new idea already possesses with new ideas presented by the intellectual environment around the author. Authors of works are often seen to have produced those works from their internal boundless creativity, that is ex nihilo, but Zemer makes the point that that what is created is a culmination of other's contributions, and the copyright process should reflect this.

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