The Lessons of Living Gardens and Jewish Process Theology for Authorship and Moral Rights

The Lessons of Living Gardens and Jewish Process Theology for Authorship and Moral Rights

Roberta R. Kwall · 14 Vand. J. Ent. & Tech. L. 889

Abstract

This Article examines the issues of authorship, fixation, and moral rights through the lens of Jewish Process Theology. Jewish Process Theology is an application of Process Thought, which espouses a developmental and fluid perspective with respect to creation and creativity. This discipline offers important insights for how to shape and enforce copyright law. The issue of “change” and authorship is more important now than ever before given how the digital age is revolutionizing the way the world thinks about authorship. By incorrectly maintaining that a living garden is not capable of copyright protection since it is unfixed, changeable, and partially the product of nonhuman authorship, a recent decision by the U.S. Court of Appeals for the Seventh Circuit illustrates the need for interdisciplinary guidance with respect to copyright law and policy.