reativity alleged by both sides in this case.
The conceptual exhaustion at work here is the failure of
creativity as a concept to help observers differentiate things that
copyright values and protects from things that copyright excludes and
things that copyright penalizes. Fairey and his poster are merely
notable examples. Similar difficulties afflict audio and video works,
particularly those produced with inexpensive digital technology,6 and
in so-called ―fact-based‖ works that collect and distribute bits of data.7
In each of these contexts, the law struggles to deal with the core
―what?‖ issues of copyright law: what should the law protect, and what
should it not protect? In both cases, why?