Brian L. Frye (University of Kentucky - College of Law) has posted Against Creativity on SSRN. Here is the abstract:
According to the Supreme Court, copyright requires both independent creation and creativity. The independent creation requirement effectively provides that copyright cannot protect copies or abstract ideas. But the creativity requirement should be abandoned because it is both incoherent and inconsistent with the aesthetic nondiscrimination principle. The purpose of copyright is to promote the production of economically valuable works of authorship, not creativity.