Thursday, March 3, 2016; Tentative Time 1:00 - 7:00 PM
@ University of Colorado Law School, Wittemyer Courtroom, Room 101
Registration link Here
"Innovation" is often hailed as the north star in the law and technology and intellectual property communities. In patent law, for example, the focus is often on how certain types of legal protections can encourage inventors and investors. As highlighted by the copyright limit term debate, copyright law must also grapple with the core question of which incentives are necessary to motivate creative innovation; that is, who should make money from artistic creation, when, how, and for how long. But copyright law also explicitly introduces other, non-economic considerations into the mix, including protecting the rights of users (including other artists) in some cases, and that of encouraging investors in others. Taking a step back from current copyright controversies, this conference will examine the question of innovation and incentives in the creative arts through three lenses: (1) the perspective of the artists; (2) the perspective of the creative industries; and (3) the academic literature on how the various incentives work in practice.
The first panel will consider the different things that motivate artists themselves, and how those motivations differ not only from creator to creator, but even for the same creator from project to project. What does it mean to have different artists motivated by different factors at different times? How can copyright law encourage or discourage artistic innovation that doesn't always follow a single track?
The second panel will ask what motivates the creative industries charged with the funding and distribution of creative content, and whether those incentives vary or align with those motivating artists? What does it mean for the motivations to be different? What role, if any, does copyright play in accommodating these various motivations?
The final panel will evaluate several studies that have purported to grapple with this issue, starting from first principles to evaluate what we know, what we don't know, and what we still need to determine about the impact of economic, legal and other incentives on creative production.