Intellectual Property and the Brain
How Neuroscience Will Reshape Legal Protection for Creations of the Mind

This book describes the promise and pitfalls of using neuroscience to better understand creators and the audiences for their creations.

Mark Bartholomew (Author)

9781009189552, Cambridge University Press

Paperback / softback, published 28 July 2022

220 pages
22.9 x 15 x 1 cm, 0.31 kg

'By appreciating the challenges and possibilities emerging neuroscientific insights might present for the intellectual property law, this provocative book - a sophisticated thought experiment - will encourage reconsideration of our understanding of 'creativity' and aesthetics and ultimately compel reevaluation of law's objects in this important field.' Peter A. Alces, Rollins Professor of Law, William & Mary Law School, author of The Moral Conflict of Law and Neuroscience

Although legal scholars have begun to explore the implications of neuroscientific research for criminal law, the field has yet to assess the potential of such research for intellectual property law – a legal regime governing over one-third of the US economy. Intellectual Property and the Brain addresses this gap by showing how tools meant to improve our understanding of human behavior inevitably shape the balance of power between artists and copyists, businesses and consumers. This first of its kind book demonstrates how neuroscience can improve our flawed approach to regulating creative conduct and commercial communications when applied with careful attention to the reasons that our system of intellectual property law exists. With a host of real-life examples of art, design, and advertising, the book charts a path forward for legal actors seeking reforms that will unlock artistic innovation, elevate economic productivity, and promote consumer welfare.

Part I. The law and neuroscience of creative activity: 1. Copyright and creativity
2. Inside the design process
Part II. Understanding audiences for art and advertising
3. Neuroaesthetics and copyright infringement
4. Seeing design
5. Neuromarks
Part III. Using neuroscience to improve intellectual property law
6. How to take creativity seriously
7. Know your audience
8. Advertising, fast and slow
Conclusion.

Subject Areas: Intellectual property law [LNR], Cognition & cognitive psychology [JMR]