Abstract
The last decade and a half has seen rapid growth in intellectual property law scholarship that demonstrates the value of putting law on the edges, rather than the center, of scholarly analysis. Projects have addressed how factors like norms, community dynamics, emotions, and market forces affect creative and innovative behavior in creative communities and consider how we might take those interactions into account in crafting laws. This essay seeks to situate law in these communities’ endeavors by reviewing Kate Darling and Aaron Perzanowski’s book Creativity Without Law: Challenging the Assumptions of Intellectual Property (NYU Press, 2017). The review uses the book’s essays as a jumping-off point to consider the role of formal intellectual property law in governing creative and innovative endeavors, concluding that law may influence not only what gets made, but also who makes it.
Rosenblatt, Elizabeth, What’s Law Got to Do with it? (December 12, 2017). Intellectual Property Journal, forthcoming.
First posted 2018-07-25 06:02:07
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