Michael J. Madison
University of Pittsburgh - School of Law
May 20, 2011
Notre Dame Law Review, Vol. 86, p. 1957, 2011
U. of Pittsburgh Legal Studies Research Paper No. 2011-13
This Article addresses conservation, preservation, and stewardship of knowledge, and laws and institutions in the cultural environment that support those things. Legal and policy questions concerning creativity and innovation usually focus on producing new knowledge and offering access to it. Equivalent attention rarely is paid to questions of old knowledge. To what extent should the law, and particularly intellectual property law, focus on the durability of information and knowledge? To what extent does the law do so already, and to what effect? This article begins to explore those questions. Along the way, the article takes up distinctions among different types of creativity and knowledge, from scholarship and research to commercial entertainment and so-called “User Generated Content”; distinctions among objects, works of authorship, and legal rights accompanying both; distinctions among creations built to last (sometimes called “sustained” works), creations built for speed (including “ephemeral” works), and creations barely built at all (works closely tied to the authorial “self”); and distinctions between analog and digital contexts.
Number of Pages in PDF File: 43
Keywords: Intellectual Property, Patent, Copyright, Trademark, Innovation, Creativity, Knowledge, Learning, Curation, Commons
JEL Classification: K11, O31, O33, O34Accepted Paper Series
Date posted: May 23, 2011 ; Last revised: December 20, 2011
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