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Books > Social sciences > Sociology, social studies > Social institutions
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Creativity without Law - Challenging the Assumptions of Intellectual Property (Hardcover)
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Creativity without Law - Challenging the Assumptions of Intellectual Property (Hardcover)
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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.
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