Analogies to semantic and syntactic mental labour in the Feist decision

The Supreme Court of the United States in Feist v. Rural (Feist, 1991) specified that compilations or databases, and other works, must have a minimal degree of creativity to be copyrightable. The significance and global diffusion of the decision is only matched by the difficulties it has posed for interpretation. The judgment does not specify what is to be understood by creativity, although it does give a full account of the negative of creativity, as ‘so mechanical or routine as to require no creativity whatsoever’ (Feist, 1991, p.362). The negative of creativity as highly mechanical has particularly diffused globally.

A recent interpretation has correlated ‘so mechanical’ (Feist, 1991) with an automatic mechanical procedure or computational process, using a rigorous exegesis fully to correlate the two uses of mechanical. The negative of creativity is then understood as an automatic computation and as a highly routine process. Creativity is itself is conversely understood as non-computational activity, above a certain level of routinicity (Warner, 2013).

The distinction between the negative of creativity and creativity is strongly analogous to an independently developed distinction between forms of mental labour, between semantic and syntactic labour. Semantic labour is understood as human labour motivated by considerations of meaning and syntactic labour as concerned solely with patterns. Semantic labour is distinctively human while syntactic labour can be directly humanly conducted or delegated to machine, as an automatic computational process (Warner, 2005; 2010, pp.33-41).

The value of the analogy is to greatly increase the intersubjective scope of the distinction between semantic and syntactic mental labour. The global diffusion of the standard for extreme absence of copyrightability embodied in the judgment also indicates the possibility that the distinction fully captures the current transformation in the distribution of mental labour, where syntactic tasks which were previously humanly performed are now increasingly conducted by machine.

The paper has substantive and methodological relevance to the conference themes. Substantively, it is concerned with human creativity, with rationality as not reducible to computation, and has relevance to the language myth, through its indirect endorsement of a non-computable or not mechanical semantics. These themes are supported by the underlying idea of technology as a human construction. Methodologically, it is rooted in the humanities and conducts critical thinking through exegesis and empirically tested theoretical development

References

Feist. (1991). Feist Publications, Inc. v. Rural Tel. Service Co., Inc. 499 U.S. 340.

Warner, J. (2005). Labor in information systems. Annual Review of Information Science and Technology. 39, 2005, pp.551-573.

Warner, J. (2010). Human Information Retrieval (History and Foundations of Information Science Series). Cambridge, MA: MIT Press.

Warner, J. (2013). Creativity for Feist. Journal of the American Society for Information Science and Technology. 64, 6, 2013, pp.1173-1192.

Mr Micawber anticipates Feist: transformations of mental labour.

This paper traces transformations of mental labour and its distribution between human and machine from Mr Micawber's parody of arithmetical calculation (result happiness) in the mid-19th century to the late 20th century judgment of the Supreme Court of United States in Feist v. Rural (1991), concerned with copyright in databases.

Creativity for Feist

This paper develops an understanding of creativity to meet the requirements of the decision of the Supreme Court of the United States in Feist v. Rural (1991). The inclusion of creativity in originality, in a minimal degree of creativity, and in a creative spark below the level required for originality, is first established. Conditions for creativity are simultaneously derived. Clauses negatively implying creativity are then identified and considered.

The clauses which imply creativity can be extensively correlated with conceptions of computability. The negative of creativity is then understood as an automatic mechanical or computational procedure or a so routine process which results in a highly routine product. Conversely, creativity invariantly involves a not mechanical procedure. The not mechanical is then populated by meaning, in accord with accepted distinctions, drawing on a range of discourses. Meaning is understood as a different level of analysis to the syntactic or mechanical and also as involving direct human engagement with meaning. As direct engagement with meaning, it can be connected to classic concepts of creativity, through the association of dissimilars. Creativity is finally understood as not mechanical human activity above a certain level of routinicity.

Creativity is then integrated with a minimal degree of creativity and with originality. The level of creativity required for a minimal degree is identified as intellectual. The combination of an intellectual level with a sufficient amount of creativity can be read from the exchange values connected with the product of creative activity. Humanly created bibliographic records and indexes are then possible correlates to or constituents of a minimal degree of creativity. A four stage discriminatory process for determining originality is then specified. Finally, the strength and value of the argument are considered.

Finally, the strength and value of the argument are considered.

Removing children from the care of adults with diagnosed mental illnesses - a clash of human rights?

Health and social services providers throughout Europe are increasingly aware of the possibility of litigation from service users arising from the application of a human rights perspective to public service provision. The substantial body of case law that has emerged from the European Court of Human Rights (ECHR) is used regularly as the basis for this litigation at national and European levels. This paper presents an analysis of ECHR cases related to breaches of human rights that occurred when children were taken into care from families in which one or both parents had a diagnosed mental illness. The issues raised by these cases include the following: how to ensure that the right to family life is protected for adults with mental illnesses; how to ensure access and opportunities for parents to continue bonding with children in care; and how to avoid damaging children while giving time for a proper assessment of the care situation.