On the limitation of attribution of literary properties
On the limitation of attribution of literary properties
Author(s): Anna RostomyanSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: literary property; hermeneutics; iceberg-theory; intensification; generative AI;
Summary/Abstract: The power of authors is to draft their thoughts and feelings onto paper by means of creating literary artifacts that are admired by many. Here arises the issue of literary property to be able to attribute to this or that author to protect their authorship. Yet, to what extent can texts and written artifacts be protected by copyright by means of attributing a piece of literature as the property of this or that author. To have a closer look at the issue and to unravel the challenges therein, we have looked at the issue from the aspect of human emotions expressed in speech in writings, trying to reveal the unsaid truths and internal and external realities of the authors. The author of this paper has proposed that to be able to achieve a near to “complete” literary property attribution, we have to look at the literary artifacts through the lens of the so-called “Hermeneutic Circle” and the “Iceberg Theory”, which give us the ultimate chance to reveal the unsaid realities. As factual material the study has been conducted on the analysis of the 20th century USA fiction examples. The paper also discusses how GenAI can assist in compiling all the supplementary information in analyzing written artifacts, as well as detecting and analyzing the unique writing style of authors and to detect mimicry or AI use and plagiarism. It also elucidates the interrelation of human intelligences and their importance in drafting and analyzing any type of literary artifacts, including legal extracts.
Journal: Law Review
- Issue Year: 2026
- Issue No: 01
- Page Range: 586-613
- Page Count: 28
- Language: Romanian
- Content File-PDF
