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Reconciling Copyright with Cumulative Creativity
The Third Paradigm. CEIPI Studies in Intellectual Property
Synopsis
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 1st 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 2nd 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 to an inclusive rather than exclusive process, so that the 1st and 2nd creative paradigms can be reconciled into an emerging third paradigm. This ground-breaking work will appeal to those interested in both the history and future of creativity and copyright.
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What Reviewers Are Saying
'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