Creativity Without Law

Challenging the Assumptions of Intellectual Property

Author: Kate Darling,Aaron Perzanowski

Publisher: NYU Press

ISBN: 1479841935

Category: Law

Page: 304

View: 6630

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Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will under-invest in new work. But this premise fails to fully capture the reality of creative production. It ignores the range of powerful non-economic motivations that compel creativity, and it overlooks the capacity of creative industries for self-governance and innovative social and market responses to appropriation. This book reveals the on-the-ground practices of a range of creators and innovators. In doing so, it challenges intellectual property orthodoxy by showing that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, these communities rely on evolving social norms and market responses—sensitive to their particular cultural, competitive, and technological circumstances—to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, the communities illustrated in this book demonstrate that creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer, and thrive, in environments defined by self-regulation rather than legal rules. Beyond their value as descriptions of specific industries and communities, the accounts collected here help to ground debates over IP policy in the empirical realities of the creative process. Their parallels and divergences also highlight the value of rules that are sensitive to the unique mix of conditions and motivations of particular industries and communities, rather than the monoculture of uniform regulation of the current IP system.
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Non-Conventional Copyright

Do New and Atypical Works Deserve Protection?

Author: Enrico Bonadio,Nicola Lucchi

Publisher: Edward Elgar Publishing

ISBN: 1786434075

Category: Law

Page: N.A

View: 2728

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Copyright law constantly evolves to keep up with societal changes and technological advances. Contemporary forms of creativity can threaten the comfortable conceptions of copyright law as creative people continually find new ways of expressing themselves. In this context, Non-Conventional Copyright identifies possible new spaces for copyright protection. With current copyright law in mind, the contributions explore if the law should be more flexible as to whether new or unconventional forms of expression - including graffiti, tattoos, land art, conceptual art and bio art, engineered DNA, sport movements, jokes, magic tricks, DJ sets, 3D printing, works generated by artificial intelligence, perfume making, typefaces, or illegal and immoral works - deserve protection. Vitally, the contributors suggest that it may be time to challenge some of the basic tenets of copyright laws by embracing more flexible ways to identify protectable works and interpret the current requirements for protection. Additionally, some contributors cast doubts about whether copyright is the right instrument to address and regulate these forms of expression. Contemporary in topic, this thought-provoking book will be essential reading for intellectual property law scholars, practitioners and policymakers. Creative people and those involved in the creative industries will also find this book an engaging read.
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The Oxford Handbook of Intellectual Property Law

Author: Rochelle C. Dreyfuss,Justine Pila

Publisher: Oxford University Press

ISBN: 0198758456

Category: Law

Page: 1072

View: 4935

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We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.
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The Oxford Handbook of Behavioral Economics and the Law

Author: Eyal Zamir,Doron Teichman

Publisher: Oxford University Press

ISBN: 0199397953

Category: Business & Economics

Page: 496

View: 6163

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The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.
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How to Fix Copyright

Author: William Patry

Publisher: Oxford University Press

ISBN: 0199912912

Category: Law

Page: 336

View: 7255

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Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy? These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.
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Foundations of Intellectual Property

Author: Robert P. Merges,Jane C. Ginsberg

Publisher: N.A

ISBN: N.A

Category: Law

Page: 526

View: 521

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This book is meant to provide a ... collection of commentaries on the topic of intellectual property. [The] goal has been to bring together ... influential writings on patent, copyright, trademark and design protection, beginning with early material from the seventeenth century and continuing into the contemporary law review literature. -Pref.
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Softwars

The Legal Battles for Control of the Global Software Industry

Author: Anthony Lawrence Clapes

Publisher: Praeger Pub Text

ISBN: N.A

Category: Business & Economics

Page: 325

View: 5950

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The future of the computer industry rests significantly on the nature and extent of intellectual property protection for computer programs. This book explains why that is so, and guides the reader through the major intellectual property disputes around the globe that are shaping the industry. The influences of clones, hackers, proprietary systems, open systems, patents, copyrights and trade secrets are covered in a series of highly readable and entertaining essays. No other book to date has given either as lucid a description of litigation over "look and feel" or "reverse engineering" of software, or as cogent an exposition of the economic and strategic consequences of the intersection of intellectual property law and software technology.
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