Some Positive Thoughts about IP’s Negative Space
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.
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