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Creativity without Law
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Creativity without Law
Challenging the Assumptions of Intellectual Property

Edited by:
  • Kate Darling - Research Specialist, Massachusetts Institute of Technology (MIT) Media Lab
  • Aaron Perzanowski - Professor of Law, Case Western Reserve University School of Law, cleveland

Other Titles in:
Law | Psychology

October 2017 | 288 pages | SAGE Vistaar

Intellectual property (IP) law 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 ignores the range of powerful non-economic motivations that impel creativity and 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 who rely on evolving social norms and market responses, as per their particular cultural, competitive, and technological circumstances, to ensure creative incentives. The accounts presented here will help ground debates over IP policy in the empirical realities of the creative process. 

Aaron Perzanowski and Kate Darling
Introduction
 
PART I. CUISINE AND CURATIVES
Emmanuelle Fauchart and Eric von Hippel
Norms-Based Intellectual Property Systems: The Case of French Chefs
Matthew Schruers
An IP Lawyer Walks into a Bar: Observations on Creativity in Cocktails
Katherine J. Strandburg
Derogatory to Professional Character? The Evolution of Physician Anti-Patenting Norms
 
PART II. COUNTERCULTURAL COMMUNITIES
Aaron Perzanowski
Owning the Body: Creative Norms in the Tattoo Industry
Marta Iljadica
Painting on Walls: Street Art Without Copyright?
David Fagundes
Subcultural Change and Dynamic Norms: Revisiting Roller Derby’s Master Roster
 
PART III. CONTENT CREATORS
Rebecca Tushnet
Architecture and Morality: Transformative Works, Transforming Fans
Kate Darling
Internet Pornography without Intellectual Property: A Study of the Online Adult Entertainment Industry
Olufunmilayo B. Arewa
Nollywood: Pirates and Nigerian Cinema
Christopher Jon Sprigman
Conclusion: Some Positive Thoughts about IP’s Negative Space
 
Index

“Understanding how and why people create is central to … IP …. One can find theories of copyright and creativity elsewhere.  Here you will find real-world evidence of how people are creating without, and even despite, IP law.”

Mark A Lemley,
William H Neukom Professor, Stanford Law School

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Kate Darling

Kate Darling is a Research Specialist at the Massachusetts Institute of Technology (MIT) Media Lab and a Fellow at the Harvard Berkman Center for Internet and Society More About Author

Aaron Perzanowski

Aaron Perzanowski is Professor of Law at Case Western Reserve University School of Law and author of The End of Ownership: Personal Property in the Digital Economy. More About Author

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ISBN: 9789386602954