Reconciling Copyright with Cumulative Creativity

The Third Paradigm

CEIPI Studies in Intellectual Property

Giancarlo Frosio, School of Law, Queen's University Belfast, UK

Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. Giancarlo Frosio calls for the return of creativity to an inclusive process, so that the first (pre-modern imitative and collaborative model) and second (post-Romantic copyright model) creative paradigms can be reconciled into an emerging third paradigm which would be seen as a networked peer and user-based collaborative model.

‘What I love most about this book is the brilliance with which it is written, it is bursting with cultural references and embedded with incidental, and yet somehow integral, stories of characters, quotes, films and creators. If you work or study in the field of copyright –lawyer, legislator, librarian or lobbyist – you should read this book. It would be of particular interest to anyone who has ever thought about what creativity is, and what its relationship with copyright is, or ought to be.’
– The IPKat

‘In this important book, Giancarlo Frosio combines historical insight and legal scholarship to prove what many of us have suspected for a while: that the current, exclusivity-based paradigm of copyright no longer is optimal to foster creativity. Accordingly, he identifies the features of the emerging inclusive and open model enabled by digital technology and advocates the regulatory changes which are required to pave the way to the success of this new paradigm.’
——马可Ricolfi Turi大学n, Italy