Putting Intellectual Property in Its Place: Rights Discourses, Creative Labor, and the Everyday: Introduction

Laura J. Murray, S. Tina Piper and Kirsty Robertson, Putting Intellectual Property in Its Place: Rights Discourses, Creative Labor, and the Everyday, Oxford University Press, Forthcoming

31 Pages Posted: 28 Jun 2013 Last revised: 22 Jul 2013

See all articles by Laura J. Murray

Laura J. Murray

Queen's University

S. Tina Piper

McGill University - Faculty of Law

Kirsty Robertson

University of Western Ontario

Date Written: May 1, 2013

Abstract

"Putting Intellectual Property in its Place" examines the relationship between creativity and intellectual property law on the premise that despite concentrated critical attention devoted to IP law from academic, policy, and activist quarters, its role as a determinant of creative activity is overstated. The effects of IP rights or law are usually more unpredictable, non-linear, or illusory than is often presumed. Through a series of case studies focusing on nineteenth century U.S. newspapers, plant hormone research in Canada between the wars, "fake" art, online knitting communities, creativity in small cities, and legal practice, the authors discuss the many ways people comprehend the law through information and opinions gathered from friends, strangers, coworkers, and the media. They also show how people choose to share, create, negotiate, and dispute; based on what seems fair, just, or necessary in the context of how their community functions in that moment, while ignoring or re-imagining legal mechanisms. This is not just the case in places or professions with defined alternative regimes. The authors define their objective in this book as the everyday life of IP law. The book constitutes an experiment in non-normative legal scholarship and in building theory from material and located practice.

Keywords: intellectual property law, patent, copyright, creative labor, legal realism, science, craft, art, appropriation, creative commons, journalism

Suggested Citation

Murray, Laura J. and Piper, S. Tina and Robertson, Kirsty, Putting Intellectual Property in Its Place: Rights Discourses, Creative Labor, and the Everyday: Introduction (May 1, 2013). Laura J. Murray, S. Tina Piper and Kirsty Robertson, Putting Intellectual Property in Its Place: Rights Discourses, Creative Labor, and the Everyday, Oxford University Press, Forthcoming . Available at SSRN: https://ssrn.com/abstract=2286418

Laura J. Murray (Contact Author)

Queen's University ( email )

English Department
Watson Hall
Kingston, Ontario K7L 3N6
Canada

S. Tina Piper

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

Kirsty Robertson

University of Western Ontario ( email )

1151 Richmond Street
Suite 2
London, Ontario N6A 5B8
Canada

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