A modicum of creativity after Feist.. Feist decision

A modicum of creativity A modicum of creativity after after FeistFeist..

Feist decisionFeist decision

Feist historyFeist history

In 1991, Feist Publications won a landmark In 1991, Feist Publications won a landmark case in the United States Supreme Court. The case in the United States Supreme Court. The court unanimously agreed that factual material court unanimously agreed that factual material could not be copyrighted, thus allowing could not be copyrighted, thus allowing directory publishers to print white page listings directory publishers to print white page listings that were copied from another source. All that were copied from another source. All directory publishers benefited from this directory publishers benefited from this decision. No longer could telephone decision. No longer could telephone companies withhold listing information from companies withhold listing information from their competitors. This case, Feist their competitors. This case, Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991), has since been cited in U.S. 340 (1991), has since been cited in several other copyright cases. several other copyright cases.

United States Supreme United States Supreme CourtCourt When Rural refused to license its white pages listings When Rural refused to license its white pages listings

to Feist for a directory covering 11 different telephone to Feist for a directory covering 11 different telephone service areas, Feist extracted the listings it needed service areas, Feist extracted the listings it needed from Rural’s directory without Rural’s consent. from Rural’s directory without Rural’s consent. Although Feist altered many of Rural’s listings, several Although Feist altered many of Rural’s listings, several were identical to listings in Rural’s white pages. The were identical to listings in Rural’s white pages. The District Court granted summary judgment to Rural in District Court granted summary judgment to Rural in its copyright infringement suit, holding that telephone its copyright infringement suit, holding that telephone directories are copyrightable. The Court of Appeals directories are copyrightable. The Court of Appeals affirmed. affirmed.

Held: Held: Rural’s white pages are not entitled to copyright, and Rural’s white pages are not entitled to copyright, and

therefore Feist’s use of them does not constitute therefore Feist’s use of them does not constitute infringement. infringement.

(Feist, 1991)(Feist, 1991)

Importance of the Feist Importance of the Feist decisiondecision ‘‘The Supreme Court dropped a bomb’. The Supreme Court dropped a bomb’.

Register of Copyrights, 1991.Register of Copyrights, 1991. ‘‘Feist Feist is a defining event for copyright is a defining event for copyright

in the information age’ (Goldstein, in the information age’ (Goldstein, 1991, p.118).1991, p.118).

‘‘inordinately Delphic even by Supreme inordinately Delphic even by Supreme Court standards’ (Strong, 1994, p.39).Court standards’ (Strong, 1994, p.39).

‘‘Like it or not, Like it or not, FeistFeist is the law in the is the law in the U.S.’ (Resnik, 2003, p.309).U.S.’ (Resnik, 2003, p.309).

Perspective from information science.Perspective from information science.

Specific significance of Specific significance of the decisionthe decision Affirmed originality as a constitutional Affirmed originality as a constitutional

requirement.requirement. ‘‘constitutional requirement’ (p.346). constitutional requirement’ (p.346). ‘‘the very ‘premise of copyright law.’’ the very ‘premise of copyright law.’’

(p.347).(p.347). ‘‘The The sine qua non sine qua non of copyright’ (p.345). of copyright’ (p.345). Insistence on and depth of Insistence on and depth of

requirement.requirement. For compilations, originality replaced For compilations, originality replaced

industrious collection or sweat of the industrious collection or sweat of the brow as the basis for protection.brow as the basis for protection.

Originality as a conceptOriginality as a concept

What is understood by originality?What is understood by originality? ‘‘Original, as the term is used in Original, as the term is used in

copyright, means only that the copyright, means only that the work was independently created work was independently created by the author … and that it by the author … and that it possesses at least some minimal possesses at least some minimal degree of creativity’ (p.345). degree of creativity’ (p.345).

Originality is to be understood by Originality is to be understood by reference to the concepts it reference to the concepts it includes.includes.

A modicum of creativity A modicum of creativity within originalitywithin originality What is the significance of a modicum of What is the significance of a modicum of

creativity to originality?creativity to originality? ‘‘independently created by the author … and that independently created by the author … and that

it possesses at least some minimal degree of it possesses at least some minimal degree of creativity’ (p.345).creativity’ (p.345).

‘… ‘… plus …’ (p.346)plus …’ (p.346) ‘… ‘… and …’ (pp.348, 358). and …’ (pp.348, 358). Independent creation AND a modicum of Independent creation AND a modicum of

creativity.creativity. A modicum of creativity is thenA modicum of creativity is then an an essential essential

component of originality.component of originality.

Test for originalityTest for originality

‘‘Originality requires only that the author Originality requires only that the author make the selection or arrangement make the selection or arrangement independently … and that it display some independently … and that it display some minimal level of creativity. Presumably, minimal level of creativity. Presumably, the vast majority of compilations will pass the vast majority of compilations will pass this test’ (pp.358-359).this test’ (pp.358-359).

A modicum of creativity, as a component A modicum of creativity, as a component of originality, should be testable.of originality, should be testable.

‘‘I know it when I see it’ (Jacobellis v. Ohio, I know it when I see it’ (Jacobellis v. Ohio, 1964, p. 197).1964, p. 197).

Criterion originality modicum testable.Criterion originality modicum testable.

A modicum of A modicum of creativitycreativity Understandings of a modicum of creativity Understandings of a modicum of creativity

obtainable from its invocation.obtainable from its invocation. ‘‘at least some / a minimal degree of at least some / a minimal degree of

creativity’ (pp.345, 348, 362).creativity’ (pp.345, 348, 362). ‘‘a / the modicum of creativity’ (pp.346, 362).a / the modicum of creativity’ (pp.346, 362). ‘‘some minimal level of creativity’ (p.358).some minimal level of creativity’ (p.358). ‘‘the minimal creative spark’ (p.363). the minimal creative spark’ (p.363). All linked to original, statute, or Constitution.All linked to original, statute, or Constitution. Common referent. Common referent.

A modicum of A modicum of creativitycreativity Complementary meanings.Complementary meanings. Creativity as a common constituent.Creativity as a common constituent. Modicum and minimal imply the possibility of Modicum and minimal imply the possibility of

quantification of creativity.quantification of creativity. Minimal can be understood as least sufficient (Minimal can be understood as least sufficient (‘at ‘at

least some’).least some’). Modicum as a small amount.Modicum as a small amount. Degree and level correlate with a certain level of Degree and level correlate with a certain level of

sophistication.sophistication. Spark implies limited duration and a degree of Spark implies limited duration and a degree of

illumination.illumination. A modicum as including creativity, quantifiable, A modicum as including creativity, quantifiable,

small amount, level, illumination.small amount, level, illumination.

Conditions for a modicum Conditions for a modicum of creativityof creativity Conditions indicated for a modicum of Conditions indicated for a modicum of

creativity.creativity. ‘‘To be sure, the requisite level of creativity is To be sure, the requisite level of creativity is

extremely low; even a slight amount will extremely low; even a slight amount will suffice. … some creative spark, ‘no matter suffice. … some creative spark, ‘no matter how crude, humble or obvious’ it might be’ how crude, humble or obvious’ it might be’ (p.345).(p.345).

Criterion modicum low level.Criterion modicum low level. ‘‘As a constitutional matter, copyright As a constitutional matter, copyright

protects only those constituent elements of a protects only those constituent elements of a work that possess more than a work that possess more than a de minimisde minimis quantum of creativity’ (p.363).quantum of creativity’ (p.363).

Criterion modicum more than quantum.

Levels of creativityLevels of creativity

Levels of creativity.Levels of creativity. ‘‘require no creativity whatsoever.’ (p.362)require no creativity whatsoever.’ (p.362) ‘‘end product … devoid of even the slightest trace end product … devoid of even the slightest trace

of creativity’ (p.362)of creativity’ (p.362) ‘‘nothing remotely creative’ (p.363).nothing remotely creative’ (p.363). Extreme absence of creativity.Extreme absence of creativity. ‘insufficient creativity’ (p.363). Insufficient creativity.Insufficient creativity. Pivotal position, extent, and Pivotal position, extent, and novelty.novelty. Criterion creativity antithesis to nothing remotely Criterion creativity antithesis to nothing remotely

creative.creative. Criterion creativity consistent with insufficient Criterion creativity consistent with insufficient

creativity.creativity.

CreativityCreativity

Creativity and creative Creativity and creative contained as words, contained as words, and, by implication, concepts, in a modicum of and, by implication, concepts, in a modicum of creativity, a quantum of creativity and in the creativity, a quantum of creativity and in the levels of creativity distinguished.levels of creativity distinguished.

Not further directly explicated.Not further directly explicated. Consistent with ordinary discourse and Consistent with ordinary discourse and

everyday practice.everyday practice. Consciousness and practice.Consciousness and practice. Dominant instrument of labor in everyday Dominant instrument of labor in everyday

practice.practice. Criterion creativity ordinary discourse and Criterion creativity ordinary discourse and

everyday practice.everyday practice.

Criteria establishedCriteria established

Criterion derived from originalityCriterion derived from originality A modicum of creativity should be testable.A modicum of creativity should be testable. Criteria for a modicum of creativityCriteria for a modicum of creativity Low levelLow level MMore than a de minimis quantum. Criteria for creativityCriteria for creativity Antithesis to the absence of creativityAntithesis to the absence of creativity Insufficient creativityInsufficient creativity Consistency with ordinary discourse and everyday Consistency with ordinary discourse and everyday

practice.practice. Relations within and between categories.Relations within and between categories.

The absence of creativity The absence of creativity and insufficient creativityand insufficient creativity so mechanical or routine so mechanical or routine as to require no as to require no

creativity whatsoever.creativity whatsoever. entirely typical … garden-variety … end-entirely typical … garden-variety … end-

product ….product …. devoid of even the slightest trace devoid of even the slightest trace of creativity’ (p.362)of creativity’ (p.362)

could not be more obvious … most basic could not be more obvious … most basic information … information … insufficient creativityinsufficient creativity

dictated by state law … dictated by state law … nothing remotely nothing remotely creativecreative … an age-old practice, firmly rooted … an age-old practice, firmly rooted in tradition and so commonplace that it has in tradition and so commonplace that it has come to be expected as a matter of course … come to be expected as a matter of course … practically inevitable … time-honored practically inevitable … time-honored tradition (pp. 362–363tradition (pp. 362–363))

The absence of creativity The absence of creativity and insufficient creativityand insufficient creativity so mechanical or routineso mechanical or routine entirely typical … garden-varietyentirely typical … garden-variety

could not be more obvious … the most basic could not be more obvious … the most basic informationinformationdictated by state law dictated by state law an age-old practice, firmly rooted in tradition an age-old practice, firmly rooted in tradition and so commonplace that it has come to be and so commonplace that it has come to be expected as a matter of course … practically expected as a matter of course … practically inevitable … time-honored traditioninevitable … time-honored tradition

Exhaustive delineation.Exhaustive delineation. Central ordinary discourse senses.Central ordinary discourse senses. Relation between terms.Relation between terms.

Conceptual analogyConceptual analogy

It seems that this importance [of Turing's It seems that this importance [of Turing's computability] is largely due to the fact that with computability] is largely due to the fact that with this concept one has for the first time succeeded this concept one has for the first time succeeded in giving an absolute definition of an interesting in giving an absolute definition of an interesting epistemological notion, i.e., one not depending epistemological notion, i.e., one not depending on the formalism chosen. In all other cases on the formalism chosen. In all other cases treated previously, such as demonstrability or treated previously, such as demonstrability or definability, one has been able to define them definability, one has been able to define them only relative to a given language, and for each only relative to a given language, and for each individual language it is clear that the one thus individual language it is clear that the one thus obtained is not the one looked for. obtained is not the one looked for.

Kurt Gödel. Remarks before the Princeton Kurt Gödel. Remarks before the Princeton bicentennial conference on problems in bicentennial conference on problems in mathematics. 1946.mathematics. 1946.

CorrelationsCorrelations

Specific verbal and conceptual correlations.Specific verbal and conceptual correlations. ‘‘So So mechanicalmechanical’’’ correlates with a ’ correlates with a mechanical mechanical

procedure or algorithm.procedure or algorithm. ‘‘SoSo mechanical’ and ‘dictated by ... law’ mechanical’ and ‘dictated by ... law’

correlates with an correlates with an automaticautomatic mechanical mechanical procedure.procedure.

‘‘an age-old practice, firmly rooted in tradition and an age-old practice, firmly rooted in tradition and so commonplace that it has come to be expected so commonplace that it has come to be expected as a matter of course … practically inevitable … as a matter of course … practically inevitable … time-honored tradition’ correlates withtime-honored tradition’ correlates with

‘‘what would naturally be regarded as what would naturally be regarded as computable’, intuitive.computable’, intuitive.

‘‘no creativity whatsoever’ and ‘nothing remotely no creativity whatsoever’ and ‘nothing remotely creative’ (pp.362-363).creative’ (pp.362-363).

Other element of the Other element of the extreme absence of extreme absence of creativitycreativity Other element of the extreme absence of Other element of the extreme absence of

creativity.creativity. ‘‘entirely typical … garden-variety … end entirely typical … garden-variety … end

product product devoid of even the slightest trace of devoid of even the slightest trace of creativity’ (p.362).creativity’ (p.362).

ProductProduct so ... routine.so ... routine. Product as the result of a process.Product as the result of a process. All processes and the designated product All processes and the designated product

included.included.

The absence of The absence of creativitycreativity Combination of elements within the Combination of elements within the

extreme absence of creativity.extreme absence of creativity. The extreme absence of creativity is The extreme absence of creativity is

manifested in an entirely typical or manifested in an entirely typical or garden-variety end product constructed garden-variety end product constructed by processes which correspond to an by processes which correspond to an automatic mechanical procedure or to a automatic mechanical procedure or to a so … routine process. so … routine process.

NOT-creative IF, AND ONLY, IF (automatic NOT-creative IF, AND ONLY, IF (automatic mechanical procedure OR so ... routine mechanical procedure OR so ... routine [process]) AND (entirely typical OR [process]) AND (entirely typical OR garden-variety end-product)).garden-variety end-product)).


Derived conception of creativity.Derived conception of creativity. Creativity is manifested in a not entirely typical or Creativity is manifested in a not entirely typical or

garden-variety end product constructed by processes garden-variety end product constructed by processes which do not correspond to an automatic mechanical which do not correspond to an automatic mechanical procedure or to a so … routine process. procedure or to a so … routine process.

NOT-NOT-creative IF, AND ONLY, IF NOT ((automatic NOT-NOT-creative IF, AND ONLY, IF NOT ((automatic mechanical procedure OR so ... routine [process]) AND mechanical procedure OR so ... routine [process]) AND (entirely typical OR garden-variety end-product)).(entirely typical OR garden-variety end-product)).

Creative IF, AND ONLY, IF NOT ((automatic mechanical Creative IF, AND ONLY, IF NOT ((automatic mechanical procedure OR so ... routine [process]) AND (entirely procedure OR so ... routine [process]) AND (entirely typical OR garden-variety end-product)).typical OR garden-variety end-product)).


Not-automatic mechanical procedure as Not-automatic mechanical procedure as the primary differentiating element.the primary differentiating element.

Value of not automatic.Value of not automatic. Potential population of the not Potential population of the not

mechanical.mechanical.• Random (has an analogue in automatic Random (has an analogue in automatic

procedures and in noise).procedures and in noise).• Non-human intervention.Non-human intervention.• Purposeful direct human intervention.Purposeful direct human intervention. Issue of potential for copyrightability.Issue of potential for copyrightability.


Alternative formulation for mechanical.Alternative formulation for mechanical. Church’s Thesis identifies the intuitive notion Church’s Thesis identifies the intuitive notion

of ‘effective process’ with the purely of ‘effective process’ with the purely syntactic syntactic idea of string processing (Rosen, idea of string processing (Rosen, 1995, p.529).1995, p.529).

Syntactic. Syntactic. Alternative formulation for not-mechanical.Alternative formulation for not-mechanical. Not-syntactic.Not-syntactic. Semantic, or meaning, as complement or Semantic, or meaning, as complement or

opposite to the mechanical or syntactic.opposite to the mechanical or syntactic. Strong and least sense of semantic.Strong and least sense of semantic.


Explicitly registered restriction on models of Explicitly registered restriction on models of the computational process.the computational process.

the question of whether there exist finite the question of whether there exist finite non-mechanical procedures not equivalent non-mechanical procedures not equivalent with any algorithm, has nothing whatsoever with any algorithm, has nothing whatsoever to do with the adequacy of any definition of to do with the adequacy of any definition of ‘formal system’ and of ‘mechanical ‘formal system’ and of ‘mechanical procedure’. … such as those which involve procedure’. … such as those which involve the use of abstract terms on the basis of the use of abstract terms on the basis of their meaning. (Gödel, 1964, p.72).their meaning. (Gödel, 1964, p.72).


Information theory.Information theory. Often the messages to be transmitted have Often the messages to be transmitted have

meaning: they describe or relate to real or meaning: they describe or relate to real or conceivable events. However, this is not conceivable events. However, this is not always the case. In transmitting music, the always the case. In transmitting music, the meaning, if any, is much more subtle than in meaning, if any, is much more subtle than in the case of a verbal message. In some the case of a verbal message. In some situations the engineer is faced with situations the engineer is faced with transmitting a totally meaningless sequence transmitting a totally meaningless sequence of numbers or letters. In any case, meaning of numbers or letters. In any case, meaning is quite irrelevant to the problem of is quite irrelevant to the problem of transmitting the information (Shannon, 1956). transmitting the information (Shannon, 1956).


Distinction of semantic from syntactic Distinction of semantic from syntactic levels.levels.

Ordinary discourse.Ordinary discourse. Deeply embedded historical contrast.Deeply embedded historical contrast. Direct semantic ratification (human Direct semantic ratification (human

intervention).intervention). Semantic as direct human intervention Semantic as direct human intervention

on the basis of meaning.on the basis of meaning. Can potentially give rise to copyright.Can potentially give rise to copyright.


Practice and discourse of Practice and discourse of creativity.creativity.

Consistent with practiceConsistent with practice Choice of alternative words Choice of alternative words

(mechanically or syntactically (mechanically or syntactically generated) by their meanings from generated) by their meanings from a spell checker.a spell checker.

Low levels of creativity.Low levels of creativity.


Creativity and criteria established.Creativity and criteria established. Criteria for a modicum of creativityCriteria for a modicum of creativity Low level.Low level. Criteria for creativityCriteria for creativity Consistency with everyday practice Consistency with everyday practice

and the instrument of labor.and the instrument of labor. Antithesis to the absence of Antithesis to the absence of

creativity.creativity.

Insufficient creativityInsufficient creativity

‘‘Rural’s selection of listings could Rural’s selection of listings could not be more obvious: It publishes not be more obvious: It publishes the most basic information - the most basic information - name, town, and telephone name, town, and telephone number - about each person who number - about each person who applies to it for telephone service. applies to it for telephone service. … insufficient creativity to make … insufficient creativity to make it original’ (pp362-363)’. it original’ (pp362-363)’.


‘‘insufficient creativity’insufficient creativity’ Below a modicum of creativity.Below a modicum of creativity. Could include a real degree of Could include a real degree of

creativity.creativity. Does not give rise to property.Does not give rise to property. ‘‘insufficient’ as potentially denoting insufficient’ as potentially denoting

a range rather than a fixed quantity.a range rather than a fixed quantity. Mediates between extreme absence Mediates between extreme absence

and modicum.and modicum.


‘‘could not be more obvious’ (p.362)could not be more obvious’ (p.362) Process.Process. Distinct from ‘so mechanical or Distinct from ‘so mechanical or

routine’ and ‘age-old practice’.routine’ and ‘age-old practice’. Semantically more proximate to ‘so Semantically more proximate to ‘so

… routine’ than to ‘so mechanical’.… routine’ than to ‘so mechanical’. Routine as the mediating element.Routine as the mediating element. Consistent with derived conception Consistent with derived conception

of creativity.of creativity.


‘‘the most basic information’ (p.363).the most basic information’ (p.363). ProductProduct Raw data, data, most basic Raw data, data, most basic

information, information as information, information as underlying subject, the precise underlying subject, the precise words.words.

Information as humanly intelligible Information as humanly intelligible and directly humanly produced.and directly humanly produced.

Use of information and the Use of information and the computational context.computational context.


‘‘could not be more obvious … the could not be more obvious … the most basic information … most basic information … insufficient creativity’ (p.362).insufficient creativity’ (p.362).

Mediating role for routine (process Mediating role for routine (process and product).and product).

ConsistentConsistent with the derived concept with the derived concept of creativity (some reinforcement).of creativity (some reinforcement).

CriteriaCriteria Insufficient creativity should be Insufficient creativity should be

consistent with the concept of consistent with the concept of creativity.creativity.

A quantum of A quantum of creativitycreativity ‘‘As a constitutional matter, copyright As a constitutional matter, copyright

protects only those constituent elements protects only those constituent elements of a work that possess more than a of a work that possess more than a de de minimisminimis quantum of creativity’ (p.363) quantum of creativity’ (p.363)

Existence of a quantumExistence of a quantum Quantum as implying unit level or degree Quantum as implying unit level or degree

and amount.and amount. Largely unaltered conception of creativity.Largely unaltered conception of creativity. CriteriaCriteria Have provided for a quantum of creativity Have provided for a quantum of creativity

as less than a modicum of creativity.as less than a modicum of creativity.

A modicum of A modicum of creativitycreativity A modicum of creativityA modicum of creativity ‘‘As a constitutional matter, copyright protects As a constitutional matter, copyright protects

only those constituent elements of a work that only those constituent elements of a work that possess more than a possess more than a de minimisde minimis quantum of quantum of creativity’ (p.363).creativity’ (p.363).

More than the absence of creativity, ‘so More than the absence of creativity, ‘so mechanical or routine ... entirely typical ... mechanical or routine ... entirely typical ... garden variety’, and more than insufficient garden variety’, and more than insufficient creativity, ‘could not be more obvious ... the creativity, ‘could not be more obvious ... the most basic information’.most basic information’.

Fuller understanding of creativity.Fuller understanding of creativity.

A modicum of A modicum of creativitycreativity Criteria met.Criteria met. Criteria for a modicum of creativity.Criteria for a modicum of creativity. Low levelLow level MMore than a de minimis quantum. Criteria for creativityCriteria for creativity Consistency with everyday practiceConsistency with everyday practice Insufficient creativityInsufficient creativity Antithesis to the absence of creativity.Antithesis to the absence of creativity.

Manifestations of Manifestations of creativitycreativity How can the distinguished levels of How can the distinguished levels of

creativity be directly known (from the creativity be directly known (from the product)?product)?

‘‘end product … devoid of even the end product … devoid of even the slightest trace of creativity’ (p.362).slightest trace of creativity’ (p.362).

It is generally not possible to establish It is generally not possible to establish copying as a factual matter by direct copying as a factual matter by direct evidence. (Nimmer, 2009).evidence. (Nimmer, 2009).

Manifestations of Manifestations of creativity: the absence of creativity: the absence of creativitycreativity How to determine whether an utterance was How to determine whether an utterance was

produced so mechanically or by creative produced so mechanically or by creative activity.activity.

Mechanical production.Mechanical production. Natural or intuitive (historically and Natural or intuitive (historically and

experientially acquired) understandings of experientially acquired) understandings of what is naturally computable.what is naturally computable.

Possibility of constructing procedures which Possibility of constructing procedures which give rise to similar results, if mechanically give rise to similar results, if mechanically produced.produced.

Palmer’s Index to the TimesPalmer’s Index to the Times ‘‘Mad dogs in Sheffield’.Mad dogs in Sheffield’. Indexes to Internet search engines.Indexes to Internet search engines.

Manifestations of Manifestations of creativity: insufficient creativity: insufficient creativitycreativity

Oral argument.Oral argument. MR. CAPLINGER: Communities. We decided to MR. CAPLINGER: Communities. We decided to

include business listings within this. We include business listings within this. We decided that in some communities we only decided that in some communities we only put the town where in other communities we put the town where in other communities we put the full address. We also decide what put the full address. We also decide what name, because my full name might be a fact. name, because my full name might be a fact. But I go by several names, James, Jim, Jay, JR, But I go by several names, James, Jim, Jay, JR, et cetera. And --et cetera. And --

QUESTION: I'm not stunned by the originality QUESTION: I'm not stunned by the originality so far.so far.

(Laughter.) (Laughter.)

Manifestations of Manifestations of creativity: a quantum of creativity: a quantum of creativitycreativity A semantically transformed A semantically transformed

bibliographic record as one bibliographic record as one possible correlate to more possible correlate to more than a than a de minimis de minimis quantum of quantum of creativity.creativity.

Other correlates (semantically Other correlates (semantically transformed indexes).transformed indexes).

Other forms of database. Other forms of database.

Manifestations of Manifestations of creativity: a modicum of creativity: a modicum of creativitycreativity A modicum of creativity is A modicum of creativity is

more than a quantum of more than a quantum of creativity.creativity.

Criterion derived from Criterion derived from originalityoriginality

A modicum of creativity A modicum of creativity should be testable.should be testable.

Manifestations of creativityManifestations of creativity

Specific possibilities for creativity in Specific possibilities for creativity in bibliographic productions.bibliographic productions.

Meaning irrespective of expression.Meaning irrespective of expression. Related meanings (semantic) with Related meanings (semantic) with

similar (syntactic) expressions can be similar (syntactic) expressions can be both semantically and syntactically or both semantically and syntactically or mechanically connected.mechanically connected.

Related meanings with strongly Related meanings with strongly different expressions may require different expressions may require direct semantic intervention and direct semantic intervention and creativity for linking.creativity for linking.

Manifestations of creativityManifestations of creativity

Related meanings with strongly different Related meanings with strongly different expressions.expressions.

Chandler, Hammett, Faulkner.Chandler, Hammett, Faulkner. Raymond Chandler, Dashiell Hammett, William Raymond Chandler, Dashiell Hammett, William

Faulkner.Faulkner.• Film noir.Film noir. Generic relations.Generic relations. CoordinationCoordination imposed on data. imposed on data. Demarcated from mechanical Demarcated from mechanical processes. Forms of description which may be inescapably Forms of description which may be inescapably

directly semantic and human.directly semantic and human.

Manifestations of Manifestations of creativitycreativity Related meanings with strongly different Related meanings with strongly different

expressions.expressions. Oranges and lemons say the bells of St. Clemens.Oranges and lemons say the bells of St. Clemens. Humanly simple and computationally intractable.Humanly simple and computationally intractable. Childhood and creativity.Childhood and creativity. High levels of creativity. High levels of creativity. When a poet’s mind is perfectly equipped for its When a poet’s mind is perfectly equipped for its

work, it is constantly amalgamating disparate work, it is constantly amalgamating disparate experiences … falls in love or reads Spinoza … the experiences … falls in love or reads Spinoza … the noise of the typewriter or the smell of cooking; in the noise of the typewriter or the smell of cooking; in the mind of the poet these experiences are always mind of the poet these experiences are always forming new wholes. (Eliot, 1921)forming new wholes. (Eliot, 1921)

Manifestations of Manifestations of creativitycreativity

Added a substantive contrast to the Added a substantive contrast to the distinction between human semantic distinction between human semantic intervention and syntactic transformations.intervention and syntactic transformations.

Criterion Consistent with ordinary discourse and with

the use of the dominant instrument of labor in everyday practice.

Link to historically established discourse.

ConclusionConclusion

Criteria extracted.Criteria extracted. Criterion derived from originalityCriterion derived from originality A modicum of creativity should be testable.A modicum of creativity should be testable. Criteria for a modicum of creativity.Criteria for a modicum of creativity. Low levelLow level MMore than a de minimis quantum. Criteria for creativityCriteria for creativity Antithesis to the absence of creativityAntithesis to the absence of creativity Insufficient creativityInsufficient creativity Consistency with ordinary discourse and Consistency with ordinary discourse and

everyday practice (dominant instrument of everyday practice (dominant instrument of labor).labor).


Qualities as story.Qualities as story. Simplicity and cumulative Simplicity and cumulative

development.development. Narrative progression parallel to Narrative progression parallel to

the conceptual structure of the the conceptual structure of the opinion.opinion.

Consistency from a strongly Consistency from a strongly established correlation.established correlation.

Absence of further assumptions.Absence of further assumptions.


Results of the analysis.Results of the analysis. Discriminates the antithesis to Discriminates the antithesis to

creativity, creativity, insufficient creativity, creativity, insufficient creativity, a quantum of creativity, creativity, a quantum of creativity, and a modicum of creativity.and a modicum of creativity.

Consistent principle.Consistent principle.• ‘‘[S]o mechanical’ (p.362) or [S]o mechanical’ (p.362) or

automatic as the differentiating automatic as the differentiating element.element.

• Routine as the mediating element.Routine as the mediating element.

Underlying Underlying methodologymethodology ‘‘[T]echnology’s involvement in [T]echnology’s involvement in

human affairs could be studied in human affairs could be studied in ways that allow for the abstract ways that allow for the abstract and general to be tied to the and general to be tied to the concrete and specific’ (Kallinikos, concrete and specific’ (Kallinikos, 2004, p.157). 2004, p.157).

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A modicum of creativity after Feist.. Feist decision