Creativity, Law and Entrepreneurship explores the idea of creativity, its relationship to entrepreneurship, and the law's role in inhibiting and promoting it. Our 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.

This innovative book explores forgotten disputes over intellectual property and the ways in which creative people and sovereigns have managed these disputes throughout the centuries. With a focus on reform, it raises important questions about the resilience of legal rules and challenges the methodology behind traditional legal analyses. Focusing on lore and traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses.

Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will under-invest in new work. But this premise fails to fully capture the reality of creative production. It ignores the range of powerful non-economic motivations that compel creativity, and it overlooks the capacity of creative industries for self-governance and innovative social and market responses to appropriation. This book reveals the on-the-ground practices of a range of creators and innovators. In doing so, it challenges intellectual property orthodoxy by showing that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, these communities rely on evolving social norms and market responses—sensitive to their particular cultural, competitive, and technological circumstances—to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, the communities illustrated in this book demonstrate that creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer, and thrive, in environments defined by self-regulation rather than legal rules. Beyond their value as descriptions of specific industries and communities, the accounts collected here help to ground debates over IP policy in the empirical realities of the creative process. Their parallels and divergences also highlight the value of rules that are sensitive to the unique mix of conditions and motivations of particular industries and communities, rather than the monoculture of uniform regulation of the current IP system.

Creativity can be viewed as the first stage of the overall innovation process, an important dimension of the entrepreneurship and new venture creation processes, and as such, it is considered to be a cornerstone of organizational competitiveness in this global, knowledge-based economy. Research on creativity has increasingly become multilevel, with most work conducted at the individual or team level of analysis. At the same time, there is a large body of research being conducted at the organizational level of analysis on innovation, and there has been a significant amount of entrepreneurship research at the individual level, with an increasing focus on organizational entrepreneurship. However, these three research streams have developed independently, and there has been very little knowledge transfer between the three areas. Because entrepreneurship is often said to be a process that is required to convert innovation into business ventures that will deliver benefits to stakeholders, it is typically driven by an individual or small group of individuals. Creativity research, innovation research, and entrepreneurship research have the potential to inform each other, enriching our knowledge of each area, particularly with regard to the cognitive processes and behaviors that are most effective. This Handbook includes contributions from the leading scholars in these three research areas, who integrate contemporary research findings on organizational creativity, innovation, and entrepreneurship and provide fruitful new research directions."

Creativity is one of the most prized skills in the business sector, but its value is deeply underplayed in the legal industry. By closing this value gap and promoting creativity in the law, attorneys can enhance their practice, strengthen their teams, and drive greater value for clients. In an age of innovation and disruption, the legal industry is ripe for change. By enhancing the business of legal practice with creative thinking, attorneys can proactively lead the charge to drive institutional progress. The Creativity Playbook for Lawyers consolidates powerful strategies for creative problem solving that are specifically tailored for legal practice. Learn how to challenge the status quo, identify pressure points, generate more ideas, create an ideas-first culture, think like an entrepreneur, and more!

This book develops the theme of my earlier Innovation: The Creative Impulse in Human Progress, and considerably expands the latter book. I came to the study of innovation from experience in industry which had brought me into close practical contact with it, and my initial interest in the subject was in terms of the way in which it expressed human creativity. Progressively, however, my focus shifted towards the laws which help or hinder creativeness in being economically fruitful. This led to the writing of The Political Economy of Innovation and the editing of Direct Protection of Innovation. In the latter work, I had the opportunity of arguing the case for specific new law to complement the Patent system, and of having that case criticised by experts. Just as the first book set economic innovation in a wider context of creativity, the present one sets the law that makes it possible in a wider context of property rights. This is because my study of intellectual property resulted in growing awareness of the incomparable past value and even greater future potential of these rights for innovation and prosperity. My intellectual debt to Douglass North is as great in this later stage as it was to Joseph Schumpeter in the earlier one, and to Christopher Dawson, by whom I had the good fortune to be taught in person, in both.

This important Advanced Introduction considers the multiple ways in which law and entrepreneurship intertwine. Shubha Ghosh expertly explores key areas defining the field, including lawyering, innovation policy, intellectual property and economics and finance, to enhance both legal and pedagogical concepts.