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.
This book describes the promise and pitfalls of using neuroscience to better understand creators and the audiences for their creations.
Mark Bartholomew is a full professor at the University at Buffalo School of Law, where he teaches and writes in the areas of intellectual property and law and technology, with an emphasis on copyright law, trademark law, advertising regulation, and online privacy. He is the author of Adcreep: The Case Against Modern Marketing (2017).
'In this engaging and pathbreaking book, Professor Mark Bartholomew
uncovers how neuroscience is poised to dramatically change
intellectual property theory and practice. This innovative book is
the first to explore the promise and peril of neuroscience for
patent and copyright law. It's a must read for lawyers, students,
scholars, and anyone who has ever wondered about how the law
protects our unique human creativity.' Francis Shen, Associate
Professor of Psychiatry, MGH & Harvard Medical School Center for
Bioethics, Affiliated Professor, Harvard Law School
'It would seem self-evident that discussions about intellectual
property would consider properties of the intellect. Yet, our legal
system seems reluctant to take seriously the vehicle of
intellect-the human brain-in its deliberations. How should judges
decide what makes products of the mind similar? By masterfully
delving into the neuroscience of creativity, aesthetics, and
decision-making as they apply to copyright, patent, and trademark
law, Mark Bartholomew diagnoses the disarray of current legal
practices and identifies how modern science might point to ways out
of the confusion. This book is vitally important for legal scholars
and practitioners preoccupied with protecting creations of the
mind, for neuroscientists who care about real world implications of
their research, and for anyone who wonders how the law shapes the
economics of human creativity.' Anjan Chatterjee, Professor of
Neurology, Psychology, and Architecture, Director, Penn Center for
Neuroaesthetics, University of Pennsylvania
'Professor Bartholomew artfully and cogently melds a century of
confusing intellectual property doctrine with decades of innovative
insights from neuroscience to help us rethink how courts have
approached copyright, design patent, and trademark cases. Readers
also get a fresh perspective on law and psychology and that field's
take on cognition and emotion, as applied to art, design, and
advertising. Law is not rocket science or brain surgery, but this
important book teaches that the future of intellectual property law
may lie in brain science.' Shubha Ghosh, Crandall Melvin Professor
of Law and Director, IP Commercialization and Innovation
Law Curricular Program, Syracuse Intellectual Property Law
Institute
'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
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