To Promote the Creative Process: Intellectual Property Law and the Psychology of Creativity

Though a primary goal of intellectual property law is to promote creativity in technology and the arts, intellectual property doctrine pays remarkably little attention to psychology research on how to advance creativity. Psychology studies on motivation, collaboration, and divergent versus convergent cognitive thought processes provide significant insight into the creative process and indicate that certain intellectual property law hinders the very creativity the law is designed to inspire. These insights intersect at an issue vital to the forefront of creative achievement: promoting large-scale collaborative creativity. Large-scale collaborative projects have become critical in many areas of innovation due to the need for multidisciplinary expertise and substantial resources to push the envelope of human knowledge. From partnerships across private, government, and university research sectors to open and collaborative peer production, large-scale collaboration is revolutionizing fields as diverse as software, film, music, and biotechnology. The psychology of creativity provides valuable lessons on how to advance these efforts.

Gregory N. Mandel

Notre Dame Law Review

January 11, 2011

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