By: Kelly Casey Mullally
Copyright law’s constitutional mandate is to advance artistic progress for the public good by granting authors a set of exclusive rights. When considered in the context of creative endeavors that build upon preexisting, already copyrighted works, however, this seemingly straightforward objective becomes more complicated: in this situation, the law must balance the incentive to prepare the initial work with the incentive for improvement and continued progress in the form of derivative works, which can be inhibited by the rights conferred on the author of the preexisting work.
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