to redeem itself as an act of creativity. In an instance of transformative
piracy, for example, a young musician might illegally download and then re-
mix music to produce a new piece of music. But in commercial piracy there is
a slavish making of copies without any transformative redemption.
1Beyond representation: the Figure of the Pirate
Let us now try to understand the terms of representation that public do-
main scholarship establishes for itself. While the public domain has emerged
as the most viable alternative to the expansion of IP, the question remains
Keller, Bruce P., and Je,rey P. Cunard. Copyright Law: A Practitioner’s Guide.
New York: Practising Law Institute, 2004.
Landes, William M., and Richard A. Posner. |e Economic Structure of Inte¬ec-
tual Property Law. Cambridge, MA: Belknap Press of Harvard University
Lessig, Lawrence. Code and Other Laws of Cyberspace. New York: Basic Books,
———. Free Culture: How Big Media Us∂ Technology and the Law to Lock Down
Culture and Control Creativity. New York: Penguin Press, 2004.
———. |e Future of Ide∑: |e Fate of the Commo≥ in a Connected World. New
using particular sound fragments in new
songs? Has the music industry’s implementation of copyright foreclosed the
commercial release of collage-based music because the licensing burden would
be too great? The less visible effects of legal constraints on sampling could have
large aggregate effects on musical creativity. Economics provides a way to ex-
amine these effects systematically. This essay proposes an economic and legal
framework to examine the artistic consequences of copyright’s regime for mu-
sical borrowing and appropriation, focusing on the issue of
, NC: Duke University Press.
Crews, K. 2001. “The Law of Fair Use and the Illusion of Fair- Use Guidelines.” Ohio State
Law Journal 62: 98.
Csikszentmihalyi, M. 1996. Creativity: Flow and the Psychology of Discovery and Invention.
New York: HarperCollins Publishers.
Deazley, R. 2006. Rethinking Copyright: History, Theory, Language. Cheltenham, UK:
Northampton, MA: Edward Elgar.
Decherney, P. 2005. Hollywood and the Culture Elite: How the Movies Became American. New
York: Columbia University Press.
DiCola, P., and K. McLeod. 2011. Creative License: The Law and
incentivizing innovation. More important, perhaps, would be
data indicating whether and what kind of creativity and innovation have
the biggest effects on people’s lives. Some innovations, including those
that dramatically lengthen people’s lives, have obvious benefi ts to well-
being, and other innovations may be evidently worthless. But many cre-
ations and discoveries may prove to have unexpected impacts on well-
being. Knowing this could help people better understand how to draft
intellectual property laws and doctrines.
For a fi eld that is so deeply concerned with