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9780804783385

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The relationship between intellectual property law and human creativity is too often assumed rather than interrogated. By listening to creators, Silbey uncovers new and different reasons why people create and how intellectual property matters. This wise and luminous book is required reading for anyone who claims to understand IP law. --Julie E. Cohen, Georgetown University At last--a book that provides the only sound basis for sound policy. Silbey did the hard work of asking those who create why they create and what they need to keep creating. In place of phony political bromides like 'I stand with artists,' we can finally hear what artists themselves say. We should listen. --Bill Patry, Senior Copyright Counsel, Google The purpose of intellectual property laws is to promote the 'progress of science and useful arts' by securing property rights for authors and creators ... Silbey articulates a compelling challenge to the incentive argument ... A compelling counter to common assumption about IP law, backed by interesting anecdotal evidence, that will interest IP law scholars and practitioners ... Recommended. --C. Fruin, CHOICE The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match--and mismatch--with the formal law. --Rebecca Tushnet, Georgetown University Law Center The Eureka Myth enriches our empirical understanding of the roles that intellectual property laws play in the lives of individual creators in scientific, and more literary and artistic fields. This provocative book explains why creators sometimes under-enforce their rights, and contrary to the common assumptions of IP specialists, it shows that individual creators rarely think of intellectual property rights as an inducement to be creative. --Pamela Samuelson, Berkeley Law School

The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match - and mismatch - with the formal law. - Rebecca Tushnet, Georgetown University Law Center

Author Information

Jessica Silbey is Professor of Law at Suffolk University Law School. Professor Silbey's work engages a cultural analysis of law. Professor Silbey has written for various journals and news outlets, and is coeditor of Law and Justice on the Small Screen (2012).

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