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    To Promote the Creative Process: Intellectual Property Law and the Psychology of Creativity

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    Genre
    Journal article
    Date
    2011
    Author
    Mandel, Gregory N.
    Subject
    Intellectual property law
    Property--Personal and real
    Psychiatry and psychology
    Permanent link to this record
    http://hdl.handle.net/20.500.12613/6353
    
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    DOI
    http://dx.doi.org/10.34944/dspace/6335
    Abstract
    Though a primary goal of intellectual property law is to promote creativity in technology and the arts, intellectual property doctrine pays remarkably little attention to psychology research on how to advance creativity. Psychology studies on motivation, collaboration, and divergent versus convergent cognitive thought processes provide significant insight into the creative process and indicate that certain intellectual property law hinders the very creativity the law is designed to inspire. These insights intersect at an issue vital to the forefront of creative achievement: promoting large-scale collaborative creativity. Large-scale collaborative projects have become critical in many areas of innovation due to the need for multidisciplinary expertise and substantial resources to push the envelope of human knowledge. From partnerships across private, government, and university research sectors to open and collaborative peer production, large-scale collaboration is revolutionizing fields as diverse as software, film, music, and biotechnology. The psychology of creativity provides valuable lessons on how to advance these efforts.
    Description
    The article discusses creativity under intellectual property (IP) law in the U.S. and the U.S. Constitution. The author examines Article I of the U.S. Constitution which was the basis for the U.S. Congress' enactment of copyright and patent laws. He argues that large-scale collaborative projects are very common in the 21st century and are found in government, private, and university research markets.
    Citation
    Gregory N. Mandel, To Promote the Creative Process: Intellectual Property Law and the Psychology of Creativity, 86 Notre Dame L. Rev. 1999 (2011).
    Available at: https://scholarship.law.nd.edu/ndlr/vol86/iss5/9
    Citation to related work
    University of Notre Dame
    Has part
    Notre Dame Law Review, Vol. 86, Iss. 5 (2011), Symposium: Creativity and the Law
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    For Americans with Disabilities Act (ADA) accommodation, including help with reading this content, please contact scholarshare@temple.edu
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