Creativity, Law and Entrepreneurship

Creativity, Law and Entrepreneurship

Elgar Law and Entrepreneurship series

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.

Chapter 6: The Central Role of Law as a Meta Method in Creativity and Entrepreneurship

Sean M. O’Connor

Subjects: business and management, entrepreneurship, economics and finance, law and economics, law - academic, intellectual property law, law and economics


Sean M. O’Connor INTRODUCTION A core theme of traditional intellectual property (IP) law, policy and scholarship is a focus on the role of IP as an incentive for the creation of inventions and artistic works. However, this story has never made much sense as many scientists, technologists, artists and artisans create for purposes other than the IP rights they may receive. But it also belies an unfortunate fixation on artifacts as the locus of human ingenuity. This chapter proposes that instead it is the methods of innovation that are the true locus of human progress. From an historical perspective, one finds that the scientific revolution was a revolution in methods of inquiry, just as the Renaissance was a revolution in methods of artistic and artisanal activities. In fact, these overlapping pivotal developments in western history now seem to be largely the result of a fruitful cross-pollination of methods from different fields (art utilizing developments in math and science and vice versa). The innovation did not stop with methods of direct production of artistic, artisanal, scientific or technological works however. Perhaps most important from a long term perspective, the revolution in methods of the Renaissance and Early Modern periods also generated ‘meta methods’ to create a supportive infrastructure not only for the creation of these kinds of new works and artifacts, but also for the successful development and dissemination/ distribution of useful or usable embodiments of them. Thus this period saw the creation of modern patent and copyright systems, as well...

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