Copyrighting Nature explores the concept of a "work of nature" doctrine in copyright law. It examines the legal and policy implications of copyrighting works inspired by nature, such as animal depictions and natural phenomena. The project critiques current judicial decisions and proposes a new framework to balance human creativity with the need to keep nature's expressions free for public use. It highlights inconsistencies in how courts handle copyright claims involving works of nature and suggests a judicial approach that considers the influence of nature on copyright validity and infringement.
Cathay Smith is a professor at Chicago-Kent College of Law (IIT), where she co-directs the Intellectual Property law program and teaches copyright law, property law, and a seminar on intellectual & cultural property law. Smith’s research focuses on copyright law, free speech, and their intersections with contemporary culture and the art world. She has published numerous articles covering topics such as copyright and memes, political fair use, and the weaponization of copyright law to silence speech. Before entering academia, Smith was part of the trademark and copyright law group at Katten in Chicago.