Creativity Without Law

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Creativity without Law

Author : Kate Darling
Publisher : NYU Press
ISBN 13 : 1479807400
Total Pages : 304 pages
Book Rating : 4.4/5 (798 download)

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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

Author : Kate Darling
Publisher : NYU Press
ISBN 13 : 147985624X
Total Pages : 286 pages
Book Rating : 4.4/5 (798 download)

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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.

Legal Upheaval

Author : Michele DeStefano
Publisher :
ISBN 13 : 9781641051200
Total Pages : 282 pages
Book Rating : 4.0/5 (512 download)

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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.

Creativity and Copyright

Author : John L. Geiger
Publisher : Univ of California Press
ISBN 13 : 0520972740
Total Pages : 216 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Creativity and Copyright by : John L. Geiger

Download or read book Creativity and Copyright written by John L. Geiger and published by Univ of California Press. This book was released on 2019-05-14 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by Strunk & White's The Elements of Style, this elegant, short reference is the perfect guide for screenwriters and creative artists looking to succeed as industry professionals. Readers will quickly understand the laws that govern creativity, idea-making, and selling, and learn how to protect themselves and their works from the legal quagmires they may encounter. Written by an unrivaled pair of experts, John L. Geiger and Howard Suber, who use real-life case studies to cover topics such as clearance, contracts, collaboration, and infringement, Creativity and Copyright is poised to become an indispensable resource for beginners and experts alike.

Moral Rights, Creativity, and Copyright Law

Author : Sarah Hook
Publisher : Taylor & Francis
ISBN 13 : 1003835031
Total Pages : 189 pages
Book Rating : 4.0/5 (38 download)

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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.

The Soul of Creativity

Author : Roberta Kwall
Publisher : Stanford University Press
ISBN 13 : 0804756430
Total Pages : 272 pages
Book Rating : 4.8/5 (47 download)

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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.

Creative People Must Be Stopped

Author : David A Owens
Publisher : John Wiley & Sons
ISBN 13 : 1118129024
Total Pages : 304 pages
Book Rating : 4.1/5 (181 download)

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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.

On Creativity, Liberty, Love and the Beauty of the Law

Author : Todd Breyfogle
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1501314041
Total Pages : 169 pages
Book Rating : 4.5/5 (13 download)

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Book Synopsis On Creativity, Liberty, Love and the Beauty of the Law by : Todd Breyfogle

Download or read book On Creativity, Liberty, Love and the Beauty of the Law written by Todd Breyfogle and published by Bloomsbury Publishing USA. This book was released on 2017-11-30 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading Augustine presents concise, personal readings of St. Augustine of Hippo from leading philosophers and religious scholars. Todd Breyfogle's On Creativity, Liberty, Love and the Beauty of the Law introduces readers to Augustine's understanding of law as an arena in which the possibilities of creative freedom are reconciled with the needs of natural and civil order. It places Augustine's conception of law in the broader mosaic of his ideas about how human beings are bound together individually, socially, and spiritually. Seasoned readers of Augustine will see this fundamental element of his thought in a different light, even as those less familiar with Augustine are introduced to the thrill of following how he makes sense of the complexities of nature, history, and the human spirit.

NFTs, Creativity and the Law

Author : Enrico Bonadio
Publisher : Taylor & Francis
ISBN 13 : 1040043003
Total Pages : 293 pages
Book Rating : 4.0/5 (4 download)

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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.

The Eureka Myth

Author : Jessica Silbey
Publisher : Stanford University Press
ISBN 13 : 0804793530
Total Pages : 369 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The Eureka Myth by : Jessica Silbey

Download or read book The Eureka Myth written by Jessica Silbey and published by Stanford University Press. This book was released on 2014-12-17 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities. Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.

The Myths of Creativity

Author : David Burkus
Publisher : John Wiley & Sons
ISBN 13 : 1118611144
Total Pages : 225 pages
Book Rating : 4.1/5 (186 download)

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Book Synopsis The Myths of Creativity by : David Burkus

Download or read book The Myths of Creativity written by David Burkus and published by John Wiley & Sons. This book was released on 2013-10-07 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to get past the most common myths about creativity to design truly innovative strategies We tend to think of creativity in terms reminiscent of the ancient muses: divinely-inspired, unpredictable, and bestowed upon a lucky few. But when our jobs challenge us to be creative on demand, we must develop novel, useful ideas that will keep our organizations competitive. The Myths of Creativity demystifies the processes that drive innovation. Based on the latest research into how creative individuals and firms succeed, David Burkus highlights the mistaken ideas that hold us back and shows us how anyone can embrace a practical approach, grounded in reality, to finding the best new ideas, projects, processes, and programs. Answers questions such as: What causes us to be creative in one moment and void in the next? What makes someone more or less creative than his or her peers? Where do our flashes of creative insight come from, and how can we generate more of them? Debunks 10 common myths, including: the Eureka Myth; the Lone Creator Myth; the Incentive Myth; and The Brainstorming Myth Written by David Burkus, founder of popular leadership blog LDRLB For anyone who struggles with creativity, or who makes excuses for delaying the work of innovation, The Myths of Creativity will help you overcome your obstacles to finding new ideas.

Creativity and Crime

Author : David H. Cropley
Publisher : Cambridge University Press
ISBN 13 : 1107024854
Total Pages : 259 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Creativity and Crime by : David H. Cropley

Download or read book Creativity and Crime written by David H. Cropley and published by Cambridge University Press. This book was released on 2013-07-25 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creative criminals commit highly effective, novel crimes. From consumer fraud to terrorism, how can these creative criminals be stopped?

Protecting Creativity in Fashion Design

Author : Susanna Monseau
Publisher : Taylor & Francis
ISBN 13 : 100082277X
Total Pages : 152 pages
Book Rating : 4.0/5 (8 download)

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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.

Legal Design

Author : Corrales Compagnucci, Marcelo
Publisher : Edward Elgar Publishing
ISBN 13 : 183910726X
Total Pages : 264 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Legal Design by : Corrales Compagnucci, Marcelo

Download or read book Legal Design written by Corrales Compagnucci, Marcelo and published by Edward Elgar Publishing. This book was released on 2021-10-21 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.

The Soul of Creativity

Author : Roberta Kwall
Publisher : Stanford Law Books
ISBN 13 : 9780804763677
Total Pages : 269 pages
Book Rating : 4.7/5 (636 download)

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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.

Regulating Style

Author : Kedron Thomas
Publisher : Univ of California Press
ISBN 13 : 0520964861
Total Pages : 328 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Regulating Style by : Kedron Thomas

Download or read book Regulating Style written by Kedron Thomas and published by Univ of California Press. This book was released on 2016-10-11 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fashion knockoffs are everywhere. Even in the out-of-the-way markets of highland Guatemala, fake branded clothes offer a cheap, stylish alternative for people who cannot afford high-priced originals. Fashion companies have taken notice, ensuring that international trade agreements include stronger intellectual property protections to prevent brand “piracy.” In Regulating Style, Kedron Thomas approaches the fashion industry from the perspective of indigenous Maya people who make and sell knockoffs, asking why they copy and wear popular brands, how they interact with legal frameworks and state institutions that criminalize their livelihood, and what is really at stake for fashion companies in the global regulation of style.

Creativity

Author : Robert W. Weisberg
Publisher : W H Freeman & Company
ISBN 13 : 9780716723677
Total Pages : 312 pages
Book Rating : 4.7/5 (236 download)

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Book Synopsis Creativity by : Robert W. Weisberg

Download or read book Creativity written by Robert W. Weisberg and published by W H Freeman & Company. This book was released on 1993 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, Robert Weisberg demystifies the phenomenon of creativity. Backed with case studies, psychological research findings, and investigations of the work of some of history's most creative personalities (Newton, Edison, Picasso, Mozart, and others), Weisberg demonstrates that creative thinking is an extension of our normal mental capacity--that the roots of 'genius' lie in all of us.