Creativity and Craft
Michael J. Madison
University of Pittsburgh - School of Law
January 18, 2010
LAW, CREATIVITY, AND ENTREPRENEURSHIP, Robin Paul Malloy, Shubha Ghosh, eds., Edward Elgar Publishing, 2010
U. of Pittsburgh Legal Studies Research Paper No. 2010-14
I revisit the distinction between intangible works of authorship and tangible objects, which is a fundamental proposition of modern copyright law. I suggest that reconsidering that distinction, at least in part, may expand the range of possibilities for aligning modern copyright as an economic construct with the historical roots of copyright and with ethical claims about authorial expression. Revisiting that distinction also may provide contemporary lawyers and policymakers with a much-needed tool for managing challenges posed by digital technology.
Number of Pages in PDF File: 24
Keywords: intellectual property, intanible property, tangible property, copyright, originality, craft
JEL Classification: K11, O31, O33, O34Accepted Paper Series
Date posted: May 1, 2010 ; Last revised: June 18, 2011
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