Festschrift for Eric von Hippel, Karim Lakhani and Dietmar Harhoff, eds. 2013, Forthcoming
Significant creative work – whether or not for commercial purposes – takes place in creative groups whose interactions are not primarily grounded either in market transactions in legally-defined intellectual property or in top-down task management, but are organized by some alternative governance regime. For creative groups, I argue here, legally-defined intellectual property is important for the most part only when they must negotiate a boundary between the group and outsiders. Though there are parallels to some of these boundary situations in the paradigmatic context of the atomistic individual or firm, here I will focus particularly on the ways in which boundary issues play out for creative groups organized under alternative information governance regimes. Part 1 of this chapter discusses why creative groups might choose to opt out of the legally-defined intellectual property regime for purposes of their internal interactions. Part 2 explains why intellectual property raises special concerns when such groups navigate boundary situations. Part 3 concludes with a call for more research attention to these issues.
Date of Authorship for this Version
patents, user innovation, intellectual property
Strandburg, Katherine J., "Intellectual Property at the Boundary" (2013). New York University Public Law and Legal Theory Working Papers. Paper 432.