
ALT There's No Such Thing as Independent Creation, and It's a Good Thing, Too William & Mary Law Review, 2022 39 Pages Posted: 12 Mar 2022 Christopher Buccafusco Duke University School of Law Date Written: March 9, 2022 Abstract Independent creation is the foundation of U.S. copyright law. A work is only original and, thus, copyrightable to the extent that it is independently created by its author and not copied from another source. And a work can be deemed infringing only if it is not independently created. Moreover, independent creation provides the grounding for all major theoretical justifications for copyright law. Unfortunately, the doctrine cannot bear the substantial weight that has been foisted upon it. This Essay argues that copyright law’s independent creation doctrine rests on a set of discarded psychological assumptions about memory, copying, and creativity. view article at http://bit.ly/43E3NqU








