On Creativity, Copying and Intellectual Property
PLAGIO E CREATIVITÀ: UN DIALOGO TRA DIRITTO E ALTRI SAPERI, pp. 171-89, Roberto Caso, ed., Trento, Università degli studi di Trento, 2011
26 Pages Posted: 21 Dec 2011
Date Written: December 21, 2011
This is a brief reflection, based on a conference talk, on the relationship among creativity, copying and intellectual property. While I am sceptical about both the notions of incentives and romantic creativity, in this simplified thought experiment I nevertheless use a notion of romantic creativity to help clarify where intellectual property protection is and is not appropriate, and, more precisely, what aspects or products of the creative process intellectual property rules might usefully protect.
It seems clear that even on such a simplified account there will be limits on the scope of any such protection, in this case, especially in light of the parts of the creative process that 'should not be' or “cannot be” protected. And of course, if such limits can be shown to be true with the romantic account of creativity, it will be even more true with less individualistic, more contextual or sceptical accounts.
Keywords: copying, plagiarism, creativity, copyright, patent, public domain, idea-expression dichotomy, paradigm shifts
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