Creativity and Craft

LAW, CREATIVITY, AND ENTREPRENEURSHIP, Robin Paul Malloy, Shubha Ghosh, eds., Edward Elgar Publishing, 2010

U. of Pittsburgh Legal Studies Research Paper No. 2010-14

24 Pages Posted: 1 May 2010 Last revised: 13 May 2014

Michael J. Madison

University of Pittsburgh - School of Law

Date Written: January 18, 2010

Abstract

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

Madison, Michael J., Creativity and Craft (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. Available at SSRN: https://ssrn.com/abstract=1597761

Michael J. Madison (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-7855 (Phone)
412-648-2648 (Fax)

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