2017 Distinguished Hosier Lecturer - Joseph Fishman, "Creating Around Copyright"
Thursday, March 30, 2017 from 12:00 PM to 1:00 PM (CDT)
San Francisco, California
London, United Kingdom
DePaul University College of Law - Center for Intellectual Property Law and Information Technology (CIPLIT®)
2017 Distinguished Hosier Lecturer
Joseph Fishman, "Creating Around Copyright"
March 30, 2017 - 12:00 pm to 1:00 pm
25 E. Jackson Boulevard
Lewis Building, Room 805
Chicago, IL 60604
1 hour of CLE credit will be available. Lunch will be provided.
This year's Distinguished Hosier Lecturer is Professor Joseph Fishman of Vanderbilt Law School, who will present his article Creating Around Copyright, 128 Harv. L. Rev. 133. The full article is available here.
It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view the promotion of creativity as copyright’s mission usually consider this constraint to be a necessary evil at best and an unnecessary one at worst. This conventional wisdom rests on the seemingly intuitive premise that more creative choice will deliver more creativity. Yet that premise is belied by both the history of the arts and contemporary psychological research on the creative process. In fact, creativity flourishes best not under complete freedom, but rather under a moderate amount of restriction. Drawing from work in cognitive psychology, management studies, and art history, this Article argues that contemporary copyright discourse has overlooked constraint’s generative upside. The Article unpacks the concept of constraint into seven characteristics: source, target, scope, clarity, timing, severity, and polarity. These characteristics function as levers that determine a given constraint’s generative potential. Variation in that potential provides an underappreciated theoretical justification for areas in which copyright law is restrictive, such as the exclusive derivative work right, as well as areas where it is permissive, such as the independent creation and fair use defenses. The Article reveals that the incentives versus access debate that has long dominated copyright theory has misunderstood the relationship between creativity and constraint. Information may want to be free, but creativity does not.
Joseph Fishman’s research focuses on intellectual property, particularly its relationship to creativity and the creative process. Professor Fishman joined Vanderbilt’s law faculty in fall 2015 after serving as a Climenko Fellow and Lecturer in Law at Harvard Law School. He earned his A.B. magna cum laude from Harvard College with a joint major in music and religion, his M.Phil. in musicology from the University of Cambridge, and his J.D. cum laude from Harvard Law School. After law school, he was a law clerk for Judge Jeffrey R. Howard of the U.S. Court of Appeals for the First Circuit and for Judge Miriam Goldman Cedarbaum of the U.S. District Court for the Southern District of New York. He practiced as an associate at Jenner & Block in the firm's content, media and entertainment group, where he specialized in litigation involving the music industry, before entering the legal academy.
Established by DePaul University College of Law alumnus and nationally renowned patent attorney Gerald D. Hosier ('67), the Hosier Distinguished Visiting Scholars program attracts the nation's leading intellectual property scholars who share their expertise through specialized courses and lectures. It will be hosted by Professor Roberta Kwall, Raymond P. Niro Professor of Intellectual Property Law; Founding Director, Center for Intellectual Property Law & Information Technology (CIPLIT). E-mail email@example.com with any questions.
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DePaul - Center for Intellectual Property Law & Information Technology®
The Center for Intellectual Property Law & Information Technology (CIPLIT®) was established to promote research and concentrated study in intellectual property and information technology broadly defined. We seek to develop IP professionals of the highest caliber through an all-inclusive learning experience that combines outstanding classroom education, innovative scholarship, first-class training in lawyering skills and an unparalleled range of extracurricular activities.