ABSTRACT
Copyright scholarship consensually recognizes that creative works do not stand alone, but rather emanate from interacting in a social environment. In addressing the creative process, however, scholarly discourse has neglected a fundamental element of the environmental sphere: the family. This article aims to remedy the absence of the family unit in copyright literature, bringing the family and its contribution to the creative process to the front of the stage. The article additionally addresses how the current era poses numerous legal challenges relating to the dissolution of the family unit, particularly with regards to the division of assets of couples whose marriages have run aground The accepted normative approach set in the ‘community property’ regime, posits that assets acquired during marriage shall, as a rule, be jointly owned by the two spouses at the time the union is dissolved This community property includes both tangible and intangible assets …
Tal Itkin, When Love Ends: The Division of Copyright Between Spouses, 26 Marquette Intellectual Property and Innovation Law Review 97 (2022).
Leave a Reply