54 Matching Annotations
  1. Last 7 days
    1. Today, Third-Generation individuals whose professional lives have been shaped by their grandparent’s ordeals are found in the creative arts, in helping professions, human rights work and in Jewish studies and communal work. The Third-Generation members are no different from those in the Second-Generation, who gravitated towards the creative arts in order to remember the barbarity committed against the Jews living in German-occupied countries and , the Jewish life that was destroyed, and to raise consciousness about present-day racism, human-rights violations, and genocides.
  2. May 2019
  3. Jan 2019
    1. When I received Chris’s comment, my first response was that I should delete my post or at least the incorrect part of it. It’s embarrassing to have your incorrect understandings available for public view. But I decided to leave the post as is but put in a disclaimer so that others would not be misled by my misunderstandings. This experience reminded me that learning makes us vulnerable. Admitting that you don’t know something is hard and being corrected is even harder. Chris was incredibly gentle in his correction. It makes me think about how I respond to my students’ work. Am I as gentle with their work as Chris was to mine? Could I be more gentle? How often have I graded my students’ work and only focused on what they did wrong? Or forgotten that feeling of vulnerability when you don’t know something, when you put your work out for others to judge? This experience has also reminded me that it’s important that we as teachers regularly put ourselves into situations in which we authentically grapple with not knowing something. We should regularly share our less than fully formed understandings with others for feedback. It helps us remember that even confident learners can struggle with being vulnerable. And we need to keep in mind that many of our students are not confident learners.

      I'm reminded here of the broad idea that many bloggers write about sooner or later of their website being a "thought space" or place to contemplate out in the open. More often than not, even if they don't have an audience to interact with, their writings become a way of thinking out loud, clarifying things for themselves, self-evolving, or putting themselves out there for potential public reactions (good, bad, or indifferent).

      While writing things out loud to no audience can be helpful and useful on an individual level, it's often even more helpful to have some sort of productive and constructive feedback. While a handful of likes or positive seeming responses can be useful, I always prefer the ones that make me think more broadly, deeply, or force me to consider other pieces I hadn't envisioned before. To me this is the real value of these open and often very public thought spaces.

      For those interested in the general idea, I've been bookmarking/tagging things around the idea of thought spaces I've read on my own website. Hopefully this collection helps others better understand the spectrum of these ideas for themselves.

      With respect to the vulnerability piece, I'm reminded of an episode of <cite>The Human Current</cite> I listened to a few weeks back. There was an excellent section that touched on building up trust with students or even a class when it comes to providing feedback and criticism. Having a bank of trust makes it easier to give feedback as well as to receive it. Here's a link to the audio portion and a copy of the relevant text.

    1. Yeahitreallyis,andIoftenthinkabouttherelationshipIhavewithmystudentswhoareinaoneyearprogramandtherelationshipIhavewithcorporatestudentsthatImightcomeinandtrainforaweekorsomethinglikethat,youknowinthefirstcoupledaysofalltrainingsessionsIhavenoabilitytocritiquebecauseIdon'thavetheirtrust.So,ifIcomeinthefirstdayofclassandsaytheirworksucksandhere'swhatyoushoulddotoimprove,andthiswillneverwork,it'smetwithresistanceandit'salmostlikeadefensemechanismagainstitandsothat'satotallyinappropriatewayformetobehave.Butifyoulookfurtherintothecurriculum,let'ssaysixteenweeksintomyoneyearprogramoraWednesdayoraThursdayinaoneweektrainingprogram,hopefullyifI'vedonemyjobwellI'vebuiltupenoughrapportwithpeopletheytrustthatIknowwhatI'mtalkingabout,thatmyfeedbackiscomingfromaplaceofloveandcareandsothey'rewillingtohearthingslike,thatisn'tverygoodandthosearewordsthatcomeoutofmymouthduringacritique.It'ssomethingthatyou'renotmaybeusedtohearingifyou'renotpartofthiscreativeculturebutthatisn'tverygoodandhere'swhy,isactuallyareally,reallyimportantthingtohelpadvancethequalityofwork.Andthenthenextsentencewouldbeandhere'showIwouldimproveitbutagainthathastocomefromaplaceofrespectandthat'searnedovertimeandsoyouknowyouhearalotaboutI'veheardalotaboutanywayandyouknowthenewbosscomesinandit'sahotshotcreativedirectoranditblowsthingsupandrunsaroundgoingintoameetingandshittingoneverythingtherewasanoldjokeatoneofmycompaniesisthatthechiefcreativeofficerwouldcomeinandswoopandpoopwherehe'dcomeintoaconference,roomtelleverybodywhathethinksuckedandleaveandnoneofthatworksbecausehedidn'thavethetrustofthepeoplethatwerehavingtheirworkshitonandsothathastocomefromaplaceoftrustagainandthatyouknowthere'snoshortcutfortimeIsupposeinthatrespect.Andspeakingofrespectoftheotherflavortherearetheotheringredientismutualrespect.It'ssayingthingslike,lookyouwerehiredbecauseItrustyoubecauseyou'regoodatyourcraft,youhavepotentialandexpertise,nowlet'stalkaboutwhatyou'redoingwrongandhowtoimproveit.
  4. Nov 2018
    1. Individuals are most creative when provided space to follow their interests without sanction, when support and guidance are readily available, and when social community is fostered.

      "Support and guidance" is tricky. They're not binaries that are or are not available; they're large matrices of forms and degrees.

  5. Oct 2018
    1. Think Creatively

      Read the following bullets under Think Creatively. Identify one that you can implement easily.

  6. Sep 2018
    1. The least important question you can ask about Engelbart is, "What did he build?" By asking that question, you put yourself in a position to admire him, to stand in awe of his achievements, to worship him as a hero. But worship isn't useful to anyone. Not you, not him. The most important question you can ask about Engelbart is, "What world was he trying to create?" By asking that question, you put yourself in a position to create that world yourself.

      That's a really empowering conclusion, I'm happy that he's vetting that point of view as I've trying to articulate it for myself for a long time now.

    1. performance curves beginning to level off – because of our inability to automate the design work needed to support further hardware improvements. Wed end up with some very powerful hardware, but without the ability to push it further

      Addressing the question of singularity, the author takes on an interesting perspective. One rationalization or opposing view is that technology is only as informational and intelligent as the creator itself. Just as the Mores conclude, "the computational competence of single neurons may be far higher than generally believed" and that "our present computer hardware might be [] 10 orders of magnitude short [compared to] our heads". This means that AI cannot surpass human intelligence as popularly believed. Rather, the article conjectures the possibility that if singularity were to occur, further innovation and improvements could never be made. I assume this is a biological and anatomical argument. Thus, implying that the technological constraints of AI cause it to be inferior to the biological makeup of the human brain. Thus, the author suggests that singularity can never really be fully realized.

  7. Jun 2018
    1. And the fourth concerns the idea of the adjacent possible. It just may be the case that biospheres on average keep expanding into the adjacent possible. By doing so they increase the diversity of what can happen next. It may be that biospheres, as a secular trend, maximize the rate of exploration of the adjacent possible.

      For biospheres (as autonomous agents): expanding into the adjacent possible, at a maximized but secure rate, will put them in an advantage in evolution.

      For an idea (in Popperian World 3): knowing its 'genes' and the boundary it operates within leads to the exploration of the adjacent possible. This is before it can start 'evolving' in the complex game of idea development.

  8. Feb 2018
  9. Sep 2017
  10. Jul 2017
    1. That’s really what licensing is all about. Creativity.

      Creativity. That's really what "open" is all about too! Love!

    1. “Think of all the things that could interfere with graduating from college.” Then he instructs them to pick one of those items and to come up with as many solutions for that problem as possible. This is a classic divergent-convergent creativity challenge. A subset of respondents, like the proverbial Murphy, quickly list every imaginable way things can go wrong. But they demonstrate a complete lack of flexibility in finding creative solutions. It’s this inability to conceive of alternative approaches that leads to despair. Runco’s two questions predict suicide ideation—even when controlling for preexisting levels of depression and anxiety.In Runco’s subsequent research, those who do better in both problem-finding and problem-solving have better relationships. They are more able to handle stress and overcome the bumps life throws in their way. A similar study of 1,500 middle schoolers found that those high in creative self-efficacy had more confidence about their future and ability to succeed. They were sure that their ability to come up with alternatives would aid them, no matter what problems would arise.
    2. In early childhood, distinct types of free play are associated with high creativity. Preschoolers who spend more time in role-play (acting out characters) have higher measures of creativity: voicing someone else’s point of view helps develop their ability to analyze situations from different perspectives. When playing alone, highly creative first graders may act out strong negative emotions: they’ll be angry, hostile, anguished. The hypothesis is that play is a safe harbor to work through forbidden thoughts and emotions.In middle childhood, kids sometimes create paracosms—fantasies of entire alternative worlds. Kids revisit their paracosms repeatedly, sometimes for months, and even create languages spoken there. This type of play peaks at age 9 or 10, and it’s a very strong sign of future creativity. A Michigan State University study of MacArthur “genius award” winners found a remarkably high rate of paracosm creation in their childhoods.From fourth grade on, creativity no longer occurs in a vacuum; researching and studying become an integral part of coming up with useful solutions. But this transition isn’t easy. As school stuffs more complex information into their heads, kids get overloaded, and creativity suffers. When creative children have a supportive teacher—someone tolerant of unconventional answers, occasional disruptions, or detours of curiosity—they tend to excel. When they don’t, they tend to underperform and drop out of high school or don’t finish college at high rates.They’re quitting because they’re discouraged and bored, not because they’re dark, depressed, anxious, or neurotic. It’s a myth that creative people have these traits. (Those traits actually shut down creativity; they make people less open to experience and less interested in novelty.) Rather, creative people, for the most part, exhibit active moods and positive affect. They’re not particularly happy—contentment is a kind of complacency creative people rarely have. But they’re engaged, motivated, and open to the world.
    3. It’s also true that highly creative adults frequently grew up with hardship. Hardship by itself doesn’t lead to creativity, but it does force kids to become more flexible—and flexibility helps with creativity.
    4. Parents encouraged uniqueness, yet provided stability. They were highly responsive to kids’ needs, yet challenged kids to develop skills. This resulted in a sort of adaptability: in times of anxiousness, clear rules could reduce chaos—yet when kids were bored, they could seek change, too. In the space between anxiety and boredom was where creativity flourished.
    5. The home-game version of this means no longer encouraging kids to spring straight ahead to the right answer. When UGA’s Runco was driving through California one day with his family, his son asked why Sacramento was the state’s capital—why not San Francisco or Los Angeles? Runco turned the question back on him, encouraging him to come up with as many explanations as he could think of.Preschool children, on average, ask their parents about 100 questions a day. Why, why, why—sometimes parents just wish it’d stop. Tragically, it does stop. By middle school they’ve pretty much stopped asking. It’s no coincidence that this same time is when student motivation and engagement plummet. They didn’t stop asking questions because they lost interest: it’s the other way around. They lost interest because they stopped asking questions.
    6. the school’s teachers came up with a project for the fifth graders: figure out how to reduce the noise in the library. Its windows faced a public space and, even when closed, let through too much noise. The students had four weeks to design proposals.
    7. During improvisation, the highly trained music majors used their brains in a way the nonmusicians could not: they deactivated their right-temporoparietal junction. Normally, the r-TPJ reads incoming stimuli, sorting the stream for relevance. By turning that off, the musicians blocked out all distraction. They hit an extra gear of concentration, allowing them to work with the notes and create music spontaneously.
    8. Researchers say creativity should be taken out of the art room and put into homeroom. The argument that we can’t teach creativity because kids already have too much to learn is a false trade-off. Creativity isn’t about freedom from concrete facts. Rather, fact-finding and deep research are vital stages in the creative process. Scholars argue that current curriculum standards can still be met, if taught in a different way.
    9. Is this learnable? Well, think of it like basketball. Being tall does help to be a pro basketball player, but the rest of us can still get quite good at the sport through practice. In the same way, there are certain innate features of the brain that make some people naturally prone to divergent thinking. But convergent thinking and focused attention are necessary, too, and those require different neural gifts. Crucially, rapidly shifting between these modes is a top-down function under your mental control. University of New Mexico neuroscientist Rex Jung has concluded that those who diligently practice creative activities learn to recruit their brains’ creative networks quicker and better. A lifetime of consistent habits gradually changes the neurological pattern.
    10. To understand exactly what should be done requires first understanding the new story emerging from neuroscience. The lore of pop psychology is that creativity occurs on the right side of the brain. But we now know that if you tried to be creative using only the right side of your brain, it’d be like living with ideas perpetually at the tip of your tongue, just beyond reach.When you try to solve a problem, you begin by concentrating on obvious facts and familiar solutions, to see if the answer lies there. This is a mostly left-brain stage of attack. If the answer doesn’t come, the right and left hemispheres of the brain activate together. Neural networks on the right side scan remote memories that could be vaguely relevant. A wide range of distant information that is normally tuned out becomes available to the left hemisphere, which searches for unseen patterns, alternative meanings, and high-level abstractions.Having glimpsed such a connection, the left brain must quickly lock in on it before it escapes. The attention system must radically reverse gears, going from defocused attention to extremely focused attention. In a flash, the brain pulls together these disparate shreds of thought and binds them into a new single idea that enters consciousness. This is the “aha!” moment of insight, often followed by a spark of pleasure as the brain recognizes the novelty of what it’s come up with.Now the brain must evaluate the idea it just generated. Is it worth pursuing? Creativity requires constant shifting, blender pulses of both divergent thinking and convergent thinking, to combine new information with old and forgotten ideas. Highly creative people are very good at marshaling their brains into bilateral mode, and the more creative they are, the more they dual-activate.
    11. Around the world, though, other countries are making creativity development a national priority. In 2008 British secondary-school curricula—from science to foreign language—was revamped to emphasize idea generation, and pilot programs have begun using Torrance’s test to assess their progress. The European Union designated 2009 as the European Year of Creativity and Innovation, holding conferences on the neuroscience of creativity, financing teacher training, and instituting problem-based learning programs—curricula driven by real-world inquiry—for both children and adults. In China there has been widespread education reform to extinguish the drill-and-kill teaching style. Instead, Chinese schools are also adopting a problem-based learning approach.
    12. It’s too early to determine conclusively why U.S. creativity scores are declining. One likely culprit is the number of hours kids now spend in front of the TV and playing videogames rather than engaging in creative activities. Another is the lack of creativity development in our schools. In effect, it’s left to the luck of the draw who becomes creative: there’s no concerted effort to nurture the creativity of all children.
    13. Plucker recently toured a number of such schools in Shanghai and Beijing. He was amazed by a boy who, for a class science project, rigged a tracking device for his moped with parts from a cell phone. When faculty of a major Chinese university asked Plucker to identify trends in American education, he described our focus on standardized curriculum, rote memorization, and nationalized testing. “After my answer was translated, they just started laughing out loud,” Plucker says. “They said, ‘You’re racing toward our old model. But we’re racing toward your model, as fast as we can.’ ”
  11. Jun 2017
    1. a collective, a community of similarly minded people who helped Sam learn and meet the very particular set of needs that he had

      In participatory cultures, this is also called an affinity group. We share a set of values and interests, and end up learning from one another based on this group. What collectives do you belong to?

  12. May 2017
    1. Creativity and Intelligence. We treat them as separate cognitive processes, and although a correlation between the two has yet to be proven,

      This is interesting because it points out that not only the exceptionally smart kids need to express creatvivty. It shows that the entirety of the general population would benifit everyone.

  13. Dec 2016
    1. “One way to look at it is he’s just wasting time,” says Leslie. “But for him, there are no instructions. You figure out how to do it yourself. It’s ‘how do I make my guy take over an Imperial Ship?’ It teaches logic and tenacity, and how to solve your own problems.”

      Is it really though? There has to be some limits to what you can do... The game is designed to react to different actions and the boy just has to figure out what would work. Let me know if I am assuming incorrectly

  14. Sep 2016
    1. When school is seen as a test, rather than an adventure in ideas,” teachers may persuade themselves they’re being fair “if they specify, in listlike fashion, exactly what must be learned to gain a satisfactory grade…[but] such schooling is unfair in the wider sense that it prepares students to pass other people’s tests without strengthening their capacity to set their own assignments in collaboration with their fellows”

      Teaching the creativity out of students.

  15. Jul 2016
    1. Once you figure out you can’t break anything on the Internet, getting your hands dirty by experimenting can present incredible stretches of that “flow” that comes with intense immersion in a task.
  16. Jun 2016
    1. It was of interest that all attribute categories of un- creative characteristic~ and almost all attribute catego- ries of creative traits (39 of 42) were suggested by both male and female teachers

      Relatively little gender difference in perceptions of what makes for creativity (!)

      I find this surprising, to be honest.

    2. The respondents also de- scribed a creative person as one who has a collectivistic orientation, such as one who "inspires people," "has contribution to the progress of society" and "is appreciated by others." These descriptions, found in this sample of Chinese people, did not occur in U.S. investigations (Rudowicz et al., 1995

      Chinese conceptions of creativity include collectivistic aspects of inspiration.

      Authors indicate these did not come up in U.S. studies, but these could be artefacts of design method.

    3. onventional, " "timid, " "lack of conjidence. "and "conforming. "

      synonyms for lack of creativity

    4. imaginative, " "always ques- tioning, " "quick in responding. " "active, " and "high intellectual ability, "

      Synonyms for creativity

    5. Implicit Theories of Creativity: Teachers' Perception of Student Characteristics in Hong Kong

      Chan, David W., and Lai-Kwan Chan. 1999. “Implicit Theories of Creativity: Teachers’ Perception of Student Characteristics in Hong Kong.” Creativity Research Journal 12 (3): 185–95. doi:10.1207/s15326934crj1203_3.

    6. "self-directed," "curious," "original," "artistic," "intel- ligent," "interested in many things," "exploratory," "unique," "innovative," "flexible," "imaginative," "al- ways questioning," "nonconforming," "challenging," "uninhibited," "independent," "sensitive," "expres- sive," "inventive," and "good at designing."

      Synonyms for creativity from teachers (from Runco 1984)

  17. Apr 2016
    1. We are naturally creative and curious. We just have to build systems that nurture our inherent abilities. Schools do not do that.

      Not only do schools not do that, traditionally they have "taught" creativity and curiosity out of students.

  18. Mar 2016
  19. Feb 2016
    1. After administering the marijuana, the research team gauged each participant’s ability to complete cognitive tasks that included two types of creative thinking. The first task: "Think of as many uses as you can for a pen"

      After reading what these researchers think is a test of the creative thinking that is the subject of this study, I can think of one use for the pen that involves the phrase, "...and put it where the sun don't shine!"

      P.S. And as a proud owner of a Mya-Moe ukulele, I am disturbed at the article's theme-image implication that we ukulele players are a bunch of joint-honking, creativity-lacking slackers, the Millennial equivalent of Beat Poets!

      P.P.S. Upon further reflection, it has been brought to my attention that the tiny instrument in the article's theme image has, in fact, six strings not four. This then puts into question the appropriateness of my outrage over the article's apparent disparagement of ukulele players. Fair enough, it may be a small bodied guitar. But it may also be a six-string ukulele, depending on its tuning.

      I am inclined to go with it being a six-string uke, but am reserving my outrage until we have further evidence to go on.

      If you have an opinion about whether said instrument is guitar or ukulele... OR if you'd care to comment on whether creativity can be measured by things like the "pen use test," annotate away in response, please.

    1. Al-Ghazali launched a philosophical critique against Neoplatonic-influenced early Islamic philosophers such as Al-Farabi and Ibn Sina. In response to the philosophers' claim that the created order is governed by secondary efficient causes (God being, as it were, the Primary and Final Cause in an ontological and logical sense), Ghazali argues that what we observe as regularity in nature based presumably upon some natural law is actually a kind of constant and continual regularity. There is no independent necessitation of change and becoming, other than what God has ordained.

      God as a source of secondary causes, not just a prime mover. Probability/chance, tychism

  20. Jan 2016
  21. Dec 2015
    1. Edward R. O'Neill

      • When someone asks for help solving a problem, they've probably already thought about it to the point of frustration.
      • They need a fresh perspective.
      • They may not have a clear idea what the problem is.
      • They may have defined the problem incorrectly.
      • Problem solving often requires periods of mind-wandering -- forgetting about the problem, and letting the mind make free connections.
      • They may be so focused on the problem that they aren't allowing their mind to wander.
      • One way to help them is by "leading them to positive, hopeful, self-focused daydreams about their goals."
  22. Oct 2015
    1. Now, it is important for you to understand that everything which is manifest, or appears, has its basis in the creative flow of Mind. You are not the creator in the sense that you, as a point in the universe, have a creative thought and put it forward into manifestation. Rather, you are the Totality, you are the One that constitutes the Many. And, it is on the basis of this Totality that this creativity is expressed. Every creative action by which Being unfolds Itself is in total harmony with the whole of Its Self. Therefore, it becomes clear that the creative process is the harmonious unfolding of the Totality of Being which brings forth Its individual, creative ideas—and not of a single point in that Totality. This means that creativity does not occur from the standpoint of a three-dimensional consciousness called a “person” or “personality.” This means that your experience of being Creative will not feel the same. The experience of being it will be different from the experience of having it, which you had from a three-dimensional frame of reference. You could say that Creativity is a Universal Action which is experienced specifically. It is not a specific action which is experienced universally.
    1. there will be more experimentation around content

      One would hope that the field is wide open for experimentation. Yet such dreams of creative endeavours get crushed by business models.

  23. Mar 2014
    1. Creativity has to be visionary, subversive, disturbing. It must be innovative. It must drive ideas and concepts. It has to question stereotypes and old models.
  24. Feb 2014
    1. On one hand, there are infinite ideas, and so the taking of one idea as private property clearly leaves “enough,” and debatably “as good” for others (Locke, INTELLECTUAL PROPERTY: POLICY FOR INNOVATION 8   1690, Chap. V, Sect. 27).

      This statement seems to me a stretch-- a very far stretch.

      What does it mean to have "infinite ideas"? And how do you arrive at the judgments "enough" and "as good" here?

      Ideas don't exist in isolation; they are not individual fruits to be plucked from the world of thought. Ideas are built upon other ideas. They are embedded within each other, juxtaposed one next to the other, stacked, remixed; varied one from the other, sometimes as a derivation, sometimes an inspiration.

      And in the face of this, what is the notion of "creation"? Given a certain base of knowledge, there are some natural next steps that can be built from those basic building blocks.

      Here we have to disentangle the notion of discovery from creation. I think maybe that, in part, is the notion of patents vs copyright, but in the land of software we seem to have a tangled mess.

    1. Following my original question, I wanted to add two quotes. First, an excellent quote on originality by the French filmmaker Jean-Luc Godard, : ‘It’s not where you take things from. It’s where you take them to.’ Second, Jim Jarmusch who was quoting Godard. “Nothing is original. Steal from anywhere that resonates with inspiration or fuels your imagination. Devour old films, new films, music, books, paintings, photographs, poems, dreams, random conversations. Architecture, bridges, street signs, trees, clouds, bodies of water, light and shadows. Select only things to steal from that speak directly to your soul. If you do this, your work (and theft) will be authentic. Authenticity is invaluable. Originality is non-existent. And don’t bother concealing your thievery—celebrate it if you feel like it. In any case, always remember what Jean-Luc Godard said, ‘It’s not where you take things from. It’s where you take them to.’” Both are similar to, but much better than the worn Picasso quote : “Good artists copy, great artists steal.”

      Good quotes from a CopyrightX forum thread.

    1. I n B u r r o w - G i l e s , t h e C o u r t d i s t i l l e d t h e s a m e r e q u i r e m e n t f r o m t h e C o n s t i t u t i o n ' s u s e o f t h e w o r d " a u t h o r s . " T h e C o u r t d e f i n e d " a u t h o r , " i n a c o n s t i t u t i o n a l s e n s e , t o m e a n " h e t o w h o m a n y t h i n g o w e s i t s o r i g i n ; o r i g i n a t o r ; m a k e r . " 1 1 1 U . S . , a t 5 8 ( i n t e r n a l q u o t a t i o n m a r k s o m i t t e d ) . A s i n T h e T r a d e - M a r k C a s e s , t h e C o u r t e m p h a s i z e d t h e c r e a t i v e c o m p o n e n t o f o r i g i n a l i t y . I t d e s c r i b e d c o p y r i g h t a s b e i n g l i m i t e d t o " o r i g i n a l i n t e l l e c t u a l c o n c e p t i o n s o f t h e a u t h o r , " 1 1 1 U . S . , a t 5 8 , a n d s t r e s s e d t h e i m p o r t a n c e o f r e q u i r i n g a n a u t h o r w h o a c c u s e s a n o t h e r o f i n f r i n g e m e n t t o p r o v e " t h e e x i s t e n c e o f t h o s e f a c t s o f o r i g i n a l i t y , o f i n t e l l e c t u a l p r o d u c t i o n , o f t h o u g h t , a n d c o n c e p t i o n . " I d . , a t 5 9 - 6 0 .

      In Burrow-Giles the court defined authors, in a constitutional sense, to mean "he to whom anything owes its origin, originator, maker" and emphasized the creative component of originality.

    2. I n T h e T r a d e - M a r k C a s e s , t h e C o u r t a d d r e s s e d t h e c o n s t i t u t i o n a l s c o p e o f " w r i t i n g s . " F o r a p a r t i c u l a r w o r k t o b e c l a s s i f i e d " u n d e r t h e h e a d o f w r i t i n g s o f a u t h o r s , " t h e C o u r t d e t e r m i n e d , " o r i g i n a l i t y i s r e q u i r e d . " 1 0 0 U . S . , a t 9 4 . T h e C o u r t e x p l a i n e d t h a t o r i g i n a l i t y r e q u i r e s i n d e p e n d e n t c r e a t i o n p l u s a m o d i c u m o f c r e a t i v i t y : " [ W ] h i l e t h e w o r d w r i t i n g s m a y b e l i b e r a l l y c o n s t r u e d , a s i t h a s b e e n , t o i n c l u d e o r i g i n a l d e s i g n s f o r e n g r a v i n g , p r i n t s , & c . , i t i s o n l y s u c h a s a r e o r i g i n a l , a n d a r e f o u n d e d i n t h e c r e a t i v e p o w e r s o f t h e m i n d . T h e w r i t i n g s w h i c h a r e t o b e p r o t e c t e d a r e t h e f r u i t s o f i n t e l l e c t u a l l a b o r , e m b o d i e d i n t h e f o r m o f b o o k s , p r i n t s , e n g r a v i n g s , a n d t h e l i k e . " I b i d . ( e m p h a s i s i n o r i g i n a l ) .

      In The Trade-Mark Cases the Court addressed the constitutional scope of writings saying for a particular work to be classified "under the head of writings of authors," the Court determined, "originality is required"; independent creation plus a modicum of creativity.

    3. T h e k e y t o r e s o l v i n g t h e t e n s i o n l i e s i n u n d e r s t a n d i n g w h y f a c t s a r e n o t c o p y r i g h t a b l e . T h e s i n e q u a n o n o f c o p y r i g h t i s o r i g i n a l i t y . T o q u a l i f y f o r c o p y r i g h t p r o t e c t i o n , a w o r k m u s t b e o r i g i n a l t o t h e a u t h o r . S e e H a r p e r & R o w , s u p r a , a t 5 4 7 - 5 4 9 . O r i g i n a l , a s t h e t e r m i s u s e d i n c o p y r i g h t , m e a n s o n l y t h a t t h e w o r k w a s i n d e p e n d e n t l y c r e a t e d b y t h e a u t h o r ( a s o p p o s e d t o c o p i e d f r o m o t h e r w o r k s ) , a n d t h a t i t p o s s e s s e s a t l e a s t s o m e m i n i m a l d e g r e e o f c r e a t i v i t y . 1 M . N i m m e r & D . N i m m e r , C o p y r i g h t § § 2 . 0 1 [ A ] , [ B ] ( 1 9 9 0 ) ( h e r e i n a f t e r N i m m e r ) . T o b e s u r e , t h e r e q u i s i t e l e v e l o f c r e a t i v i t y i s e x t r e m e l y l o w ; e v e n a s l i g h t a m o u n t w i l l s u f f i c e . T h e v a s t m a j o r i t y o f w o r k s m a k e t h e g r a d e q u i t e e a s i l y , a s t h e y p o s s e s s s o m e c r e a t i v e s p a r k , " n o m a t t e r h o w c r u d e , h u m b l e o r o b v i o u s " i t m i g h t b e . I d . , § 1 . 0 8 [ C ] [ 1 ] .

      The sine qua non of copyright is originality.

  25. Nov 2013
    1. It seeks a new realm and another channel for its activity, and it finds this in myth and in art generally.

      the stimulus for progress inventiveness