Print page

Reconciling Copyright with Cumulative Creativity

The Third Paradigm Giancarlo Frosio, CEIPI, Université de Strasbourg, Strasbourg, France
Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. Giancarlo Frosio calls for the return of creativity to an inclusive process, so that the first (pre-modern imitative and collaborative model) and second (post-Romantic copyright model) creative paradigms can be reconciled into an emerging third paradigm which would be seen as a networked peer and user-based collaborative model.
Extent: c 224 pp
Hardback Price: $120.00 Web: $108.00
Publication Date: May 2018
ISBN: 978 1 78811 417 2
Availability: Not yet published
$0.00

Buy the E-book

  • eISBN: 978 1 78811 418 9

Join our mailing list

  • Law - Academic
  • Intellectual Property Law
Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. 

From Platonic mimesis to Shakespeare’s ‘borrowed feathers’, culture was produced under a paradigm in which imitation, plagiarism, and social authorship formed key elements of the creative moment (the first paradigm). However, the cumulative nature of creativity is rarely accounted for in modern copyright policies, which build upon a post-Romantic individualistic view emphasizing absolute originality rather than imitation (the second paradigm). Today, in an era of networked mass collaboration and user-based creativity, the enclosure of knowledge brought about by an ever-expanding copyright paradigm seems archaic, and a deliberate defiance of inevitable cultural evolution. 

Giancarlo Frosio calls for returning creativity into an inclusive rather than exclusive process, so that the first and second creative paradigms can be reconciled into an emerging third paradigm. This ground-breaking work will appeal to all of those interested in both the history and future of creativity and copyright.
‘In this important book, Giancarlo Frosio combines historical insight and legal scholarship to prove what many of us have suspected for a while: that the current, exclusivity-based paradigm of copyright no longer is optimal to foster creativity. Accordingly, he identifies the features of the emerging inclusive and open model enabled by digital technology and advocates the regulatory changes which are required to pave the way to the success of this new paradigm.’
– Marco Ricolfi, University of Turin, Italy
Contents: 1. Cumulative Creativity, Collaboration and Borrowing 2. Oral-formulaic Tradition, Popular Culture and Iconic Characters 3. Gift, Market and Patrons 4. Individualism and the Original Genius 5. The Road to Propertization and Enclosure 6. Imprisoned Characters and ‘Feared’ Uses 7. Corporate-Driven Culture and Cultural Diversity 8. From the Oral Formulaic Tradition to Digital Remix 9. The Return of the Gift 10. The Temple of Digital Enlightenment Epilogue Index