Creativity without Law

Creativity without Law

Author: Kate Darling

Publisher: NYU Press

Published: 2017-02-28

Total Pages: 304

ISBN-13: 1479807400

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Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws 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.


Book Synopsis Creativity without Law by : Kate Darling

Download or read book Creativity without Law written by Kate Darling and published by NYU Press. This book was released on 2017-02-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws 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.

Creativity Without Law

Creativity Without Law

Author: Kate Darling

Publisher: NYU Press

Published: 2017-02-28

Total Pages: 286

ISBN-13: 147985624X

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Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws 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.


Book Synopsis Creativity Without Law by : Kate Darling

Download or read book Creativity Without Law written by Kate Darling and published by NYU Press. This book was released on 2017-02-28 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws 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.

Moral Rights, Creativity, and Copyright Law

Moral Rights, Creativity, and Copyright Law

Author: Sarah Hook

Publisher: Taylor & Francis

Published: 2023-12-29

Total Pages: 189

ISBN-13: 1003835031

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This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticisation, of the role of the author. The Romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice – especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic – for example, intellectual or emotional – interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivise innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so. This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests.


Book Synopsis Moral Rights, Creativity, and Copyright Law by : Sarah Hook

Download or read book Moral Rights, Creativity, and Copyright Law written by Sarah Hook and published by Taylor & Francis. This book was released on 2023-12-29 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticisation, of the role of the author. The Romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice – especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic – for example, intellectual or emotional – interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivise innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so. This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests.

Legal Upheaval

Legal Upheaval

Author: Michele DeStefano

Publisher:

Published: 2018

Total Pages: 282

ISBN-13: 9781641051200

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This book is for anyone invested in the future of the legal profession, be it someone tasked with transforming their practice, someone looking to approach their work in a new way, someone looking for a fresh approach to client relations, or someone new to the field interested in a forecast of the world to come.


Book Synopsis Legal Upheaval by : Michele DeStefano

Download or read book Legal Upheaval written by Michele DeStefano and published by . This book was released on 2018 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is for anyone invested in the future of the legal profession, be it someone tasked with transforming their practice, someone looking to approach their work in a new way, someone looking for a fresh approach to client relations, or someone new to the field interested in a forecast of the world to come.

NFTs, Creativity and the Law

NFTs, Creativity and the Law

Author: Enrico Bonadio

Publisher: Taylor & Francis

Published: 2024-06-14

Total Pages: 293

ISBN-13: 1040043003

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Non-Fungible Tokens (NFTs) have emerged as an important medium for the creation, sale and collection of art, with many major business and fashion houses creating their own NFT projects. This book investigates the eruption of NFT crypto art, and its impact on copyright law. Chapters address topics at the intersection between AI, smart contracts, data science, copyright law and arts administration. With snapshots of the ongoing heated debates around copyright law, the book investigates whether NFTs violate copyright and moral rights, the liability of NFTs platforms, impacts on ethical issues such as counterfeiting. The first book published on this emergent topic, this book offers a comprehensive overview of opportunities and challenges raised by NFTs to copyright law and, more generally, to the regulation and economics of the creative and cultural industries. The book is addressed to law and tech enthusiasts as well as academics, students, practitioners and policy makers interested in the intersection between copyright rules and new forms of technology.


Book Synopsis NFTs, Creativity and the Law by : Enrico Bonadio

Download or read book NFTs, Creativity and the Law written by Enrico Bonadio and published by Taylor & Francis. This book was released on 2024-06-14 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-Fungible Tokens (NFTs) have emerged as an important medium for the creation, sale and collection of art, with many major business and fashion houses creating their own NFT projects. This book investigates the eruption of NFT crypto art, and its impact on copyright law. Chapters address topics at the intersection between AI, smart contracts, data science, copyright law and arts administration. With snapshots of the ongoing heated debates around copyright law, the book investigates whether NFTs violate copyright and moral rights, the liability of NFTs platforms, impacts on ethical issues such as counterfeiting. The first book published on this emergent topic, this book offers a comprehensive overview of opportunities and challenges raised by NFTs to copyright law and, more generally, to the regulation and economics of the creative and cultural industries. The book is addressed to law and tech enthusiasts as well as academics, students, practitioners and policy makers interested in the intersection between copyright rules and new forms of technology.

Creative People Must Be Stopped

Creative People Must Be Stopped

Author: David A Owens

Publisher: John Wiley & Sons

Published: 2011-10-07

Total Pages: 304

ISBN-13: 1118129024

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A framework for overcoming the six types of innovation killers Everybody wants innovation—or do they? Creative People Must Be Stopped shows how individuals and organizations sabotage their own best intentions to encourage "outside the box" thinking. It shows that the antidote to this self-defeating behavior is to identify which of the six major types of constraints are hindering innovation: individual, group, organizational, industry-wide, societal, or technological. Once innovators and other leaders understand exactly which constraints are working against them and how to overcome them, they can create conditions that foster innovation instead of stopping it in its tracks. The author's model of constraints on innovation integrates insights from the vast literature on innovation with his own observations of hundreds of organizations. The book is filled with assessments, tools, and real-world examples. The author's research has been featured in the New York Times, Wall Street Journal, London Guardian and San Jose Mercury News, as well as on Fox News and on NPR's Marketplace Includes illustrative examples from leading organizations Offers a practical guide for bringing new ideas to fruition even within a previously rigid organizational culture This book gives people in organizations the conceptual framework and practical information they need to innovate successfully.


Book Synopsis Creative People Must Be Stopped by : David A Owens

Download or read book Creative People Must Be Stopped written by David A Owens and published by John Wiley & Sons. This book was released on 2011-10-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A framework for overcoming the six types of innovation killers Everybody wants innovation—or do they? Creative People Must Be Stopped shows how individuals and organizations sabotage their own best intentions to encourage "outside the box" thinking. It shows that the antidote to this self-defeating behavior is to identify which of the six major types of constraints are hindering innovation: individual, group, organizational, industry-wide, societal, or technological. Once innovators and other leaders understand exactly which constraints are working against them and how to overcome them, they can create conditions that foster innovation instead of stopping it in its tracks. The author's model of constraints on innovation integrates insights from the vast literature on innovation with his own observations of hundreds of organizations. The book is filled with assessments, tools, and real-world examples. The author's research has been featured in the New York Times, Wall Street Journal, London Guardian and San Jose Mercury News, as well as on Fox News and on NPR's Marketplace Includes illustrative examples from leading organizations Offers a practical guide for bringing new ideas to fruition even within a previously rigid organizational culture This book gives people in organizations the conceptual framework and practical information they need to innovate successfully.

The Soul of Creativity

The Soul of Creativity

Author: Roberta Kwall

Publisher: Stanford University Press

Published: 2010

Total Pages: 272

ISBN-13: 0804756430

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This book explores human creativity to illustrate how the legal system can protect a wide variety of authors from attribution failures and other assaults to the intended messages of their works.


Book Synopsis The Soul of Creativity by : Roberta Kwall

Download or read book The Soul of Creativity written by Roberta Kwall and published by Stanford University Press. This book was released on 2010 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores human creativity to illustrate how the legal system can protect a wide variety of authors from attribution failures and other assaults to the intended messages of their works.

Protecting Creativity in Fashion Design

Protecting Creativity in Fashion Design

Author: Susanna Monseau

Publisher: Taylor & Francis

Published: 2023-03-17

Total Pages: 152

ISBN-13: 100082277X

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Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.


Book Synopsis Protecting Creativity in Fashion Design by : Susanna Monseau

Download or read book Protecting Creativity in Fashion Design written by Susanna Monseau and published by Taylor & Francis. This book was released on 2023-03-17 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.

The Soul of Creativity

The Soul of Creativity

Author: Roberta Kwall

Publisher: Stanford Law Books

Published: 2009-12-02

Total Pages: 269

ISBN-13: 9780804763677

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In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations. On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, this book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.


Book Synopsis The Soul of Creativity by : Roberta Kwall

Download or read book The Soul of Creativity written by Roberta Kwall and published by Stanford Law Books. This book was released on 2009-12-02 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations. On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, this book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.

The Soul of Creativity

The Soul of Creativity

Author: Roberta Rosenthal Kwall

Publisher: Stanford University Press

Published: 2009-12-02

Total Pages: 272

ISBN-13: 0804773416

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In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations. On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, this book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.


Book Synopsis The Soul of Creativity by : Roberta Rosenthal Kwall

Download or read book The Soul of Creativity written by Roberta Rosenthal Kwall and published by Stanford University Press. This book was released on 2009-12-02 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations. On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, this book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.