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Creativity without LawChallenging the Assumptions of Intellectual Property$
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Kate Darling and Aaron Perzanowski

Print publication date: 2017

Print ISBN-13: 9781479841936

Published to NYU Press Scholarship Online: September 2017

DOI: 10.18574/nyu/9781479841936.001.0001

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 18 October 2019

Conclusion

Conclusion

Some Positive Thoughts about IP’s Negative Space

Chapter:
(p.249) Conclusion
Source:
Creativity without Law
Author(s):

Christopher Jon Sprigman

Publisher:
NYU Press
DOI:10.18574/nyu/9781479841936.003.0011

Chris Sprigman concludes with a discussion of IP’s “negative space.” Each of the studies in this book explores creative communities and industries that could theoretically be governed by IP law, but instead exist in a space outside of it. Together, this body of scholarship challenges the canonical justification that IP incentives are central to innovation and creativity. Drawing on his previous work on the fashion industry and stand-up comedians, Sprigman argues that the type of creation incentivized by IP is inherently limited. A lesson he distills from our growing but still incomplete understanding of creativity without law is a need to shift our focus from a preoccupation with intellectual property to a more inclusive inquiry into innovation and its many drivers, broadening our horizon and the tools at our disposal to create effective policy.

Keywords:   intellectual property, law, norms, economics, creativity, markets, communities, incentives, negative space

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