Creativity, Law and Entrepreneurship
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Creativity, Law and Entrepreneurship

Edited by Shubha Ghosh and Robin Paul Malloy

Creativity, Law and Entrepreneurship explores the idea of creativity, its relationship to entrepreneurship, and the law’s role in inhibiting and promoting it. The inquiry into law and creativity reduces to an inquiry about what people do, what activities and actions they engage in. What unites law and creativity, work and play, is their shared origins in human activity, however motivated, to whatever purpose directed. In this work contributors from the US and Europe explore the ways in which law incentivizes particular types of activity as they develop themes related to emergent theories of entrepreneurship (public, private, and social); lawyering and the creative process; creativity in a business and social context; and creativity and the construction of legal rights.
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Chapter 7: Individual Branding: How the Rise of Individual Creation and Distribution of Cultural Products Confuses the Intellectual Property System

Deven R. Desai


Deven R. Desai INTRODUCTION That we live in an age of information overload is already a cliché. Nonetheless, it is true;1 because digital creation has changed the way we generate and distribute information.2 We now live in a world where large, complex creations such as Wikipedia and open source software emerge through widespread individual efforts rather than through a single firm choosing to invest in and create an information product. The production of music and literature has changed as well. Instead of relying on the copyright industry to manage the production, marketing, and distribution of creative works, artists can take care of these functions by themselves. So although one could say that any artist is always an entrepreneur in that she creates a product and tries to sell it, today artists can and often do take on larger aspects of the business side of their work.3 Because artists are no longer locked into a gate keeping world, previously hidden or barely circulated creations are now available. In other words, it appears that the supply of creative goods (or perhaps more precisely access to the supply) is less and less of an issue. Generating demand for these goods now takes center stage. This chapter explores two aspects of this new mode of production: how it arose and the problems it generates. It is precisely the factors that allow for what Yochai Benkler has called The Wealth of Networks to emerge that will cause this new system to collapse. Specifically, with...

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