Creativity, Law and Entrepreneurship


Creativity, Law and Entrepreneurship

9781848449879 Edward Elgar Publishing
Edited by Shubha Ghosh, Crandall Melvin Professor of Law; Director, Technology Commercialization Law Program and Director, Syracuse Intellectual Property Law Institute, Syracuse University College of Law, US and Robin Paul Malloy, E.I. White Chair and Distinguished Professor of Law, Kauffman Professor of Entrepreneurship and Innovation and Director, Center on Property, Citizenship and Social Entrepreneurism (PCSE), Syracuse University, US
Publication Date: 2011 ISBN: 978 1 84844 987 9 Extent: 288 pp
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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Creativity, Law and Entrepreneurship addresses the relationship between law (institutions and regulations) and entrepreneurship (human activity with the aim of creating something new).

Human activity is the essence of entrepreneurship. What unites law and creativity, work and play, is their shared origins in this activity. In this book, a varied group of scholars examine the building blocks of entrepreneurship by not only addressing the legal institutions that might regulate and promote enterprise, but by also exploring the very idea of creativity. The contributions to this volume provide a set of guideposts for understanding the connections among law, markets and human activities. They include chapters on: empirical evidence about creativity in the realm of patent, copyright, and trademark; exploration of our understanding of the transition from physical work to the mental work of inventing and creating and; examination of the legal process of patenting, contracting and transacting more generally. Collectively, the book explores the meanings and functions of creativity, and the role of law and legal institutions in promoting and sustaining entrepreneurial activity.

Scholars, students and practitioners in entrepreneurship, law and the wide range of fields that are interested in, and benefit from, creative human activity will find this volume illuminating.
Contributors: M.M. Carpenter, D.R. Desai, S. Ghosh, C.B. Graber, S.J.H. Graham, R.S. Gruner, D. Halbert, S.A. Hetcher, M.J. Madison, R.P. Malloy, A.S. Miner, S.M. O’Connor, T. Sichelman

Anne S. Miner

1. Introduction: Can We Incentivize Creativity and Entrepreneurship?
Shubha Ghosh

2. Real Estate Transactions and Entrepreneurship
Robin Paul Malloy

3. Creativity and Craft
Michael J. Madison

4. ‘Will Work’: The Role of Intellectual Property in Transitional Economies – From Coal to Content
Megan M. Carpenter

5. Transforming the Chicago School Approach to Creativity in Copyright
Steven A. Hetcher

6. The Central Role of Law as a Meta Method in Creativity and Entrepreneurship
Sean M. O’Connor

7. Individual Branding: How the Rise of Individual Creation and Distribution of Cultural Products Confuses the Intellectual Property System
Deven R. Desai

8. Creativity Without Copyright: Anarchist Publishers and their Approaches to Copyright Protection
Debora Halbert

9. Patenting by High Technology Entrepreneurs
Stuart J.H. Graham and Ted Sichelman

10. The Evolution of Collaborative Invention at a Distance: Evidence from the Patent Record
Richard S. Gruner

11. Institutionalization of Creativity in Traditional Societies and in International Trade Law
Christoph B. Graber

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