Copyright and constraints in the creative industries
m.iljadica last edited by
ReCreating Europe is exploring how intellectual property, especially copyright, might constrain stakeholders, for example by preventing the digitisation of work or other activities. Recent literature has in fact highlighted that there are economic sectors where stakeholders operate outside of intellectual property frameworks (i.e. in IP’s so-called “negative space”). It is therefore interesting to ask whether and how the current IP framework is experienced as a constraint by stakeholders.
Does copyright law, and intellectual property law more generally, constrain some activities within the EU creative industries?
To read more about sectors that operate outside of intellectual property frameworks, please see this interim report on IP's negative space in creative industries. This report provides:
- a genealogy of the concept of ‘negative IP space’ taking into consideration contextual debates in a number of other scholarly fields;
- an assessment of the definitions of negative IP provided so far;
- a systematic literature review covering a breadth of creative industries (e.g. chefs, stand-up comedians, fashion industry);
- on the basis of this discussion, the report puts forward a possible new taxonomy of negative IP spaces based on a structural analysis of the creative and innovative sectors investigated in the literature.
Olivia Jifcovici last edited by
@m-iljadica if it is considered that creative industries always start from a pool of knowledge previously existent that gets to be transmitted ( there could be an entire debate only on that topic) where the individual creator either adds their own interpretation on the already there or originally reframes and reinterprets or repositions elements or intruduces entirely new elements, in conversation, or through individual effort, then the idea that one painting one fashion creation or one film or one book of recipes is entirely and only of the author' s work cannot be upheld. Therefore as artwork or creative is not a patent of innovation per se but a fluid dynamic the copyright cannot be strict.