Creativity and Craft
LAW, CREATIVITY, AND ENTREPRENEURSHIP, Robin Paul Malloy, Shubha Ghosh, eds., Edward Elgar Publishing, 2010
24 Pages Posted: 1 May 2010 Last revised: 13 May 2014
Date Written: January 18, 2010
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.
Keywords: intellectual property, intanible property, tangible property, copyright, originality, craft
JEL Classification: K11, O31, O33, O34
Suggested Citation: Suggested Citation