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Intellectual property (“IP”) law serves as the protective cornerstone for the creative industries—an especially important one at a time when unprecedented global connectivity links so many and in the process, so greatly heightens the potential for improper takings. Yet, a growing body of legal scholarship delves into a fascinating counterpoint: the “negative space” of IP. As Kal Raustiala and Christopher Sprigman posit in their Article, The Piracy Paradox, these creative endeavors “remain creative (and consequently do not require protection) precisely because they exhibit positionality sufficiently strong that it provokes a constant stream of new innovation.” This space encompasses creative fields where innovation and progress flourish in the relative absence of formal legal protection. Examining these negative spaces compels us to question the traditional narrative that IP law is universally necessary for creative output.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 28, 2024. The original post can be accessed via the Archived Link button above.