Vanderbilt Journal of Entertainment & Technology Law Volume 14 Issue 4 Issue 4 - Summer 2012 Article 4 2012 The Lessons of Living Gardens and Jewish Process Theology for Authorship and Moral Rights Roberta R. Kwall Follow this and additional works at: https://scholarship.law.vanderbilt.edu/jetlaw Part of the Intellectual Property Law Commons Recommended Citation Roberta R. Kwall, The Lessons of Living Gardens and Jewish Process Theology for Authorship and Moral Rights, 14 Vanderbilt Journal of Entertainment and Technology Law 889 (2020) Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol14/iss4/4 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Journal of Entertainment & Technology Law by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact
[email protected]. The Lessons of Living Gardens and Jewish Process Theology for Authorship and Moral Rights Roberta R. Kwall* ABSTRACT This Article examines the issues of authorship, fixation, and moral rights through the lens of Jewish Process Theology. Jewish Process Theology is an application of Process Thought, which espouses a developmental and fluid perspective with respect to creation and creativity. This discipline offers important insights for how to shape and enforce copyright law. The issue of "change" and authorship is more important now than ever before given how the digital age is revolutionizing the way the world thinks about authorship. By incorrectly maintainingthat a living garden is not capable of copyright protection since it is unfixed, changeable, and partially the product of nonhuman authorship, a recent decision by the U.S.