To exist in intellectual property’s “negative space” is characterized as existing in “the territory where IP law might regulate, but (perhaps for accidental or nonessential reasons) does not.” ((Kal Raustiala and Christopher Sprigman, Response, The Piracy Paradox Revisited, 61 Stan. L. Rev. 1201 (2009) )) There are many well-known examples of successful creative industries that exist in intellectual property’s negative space, such as fashion, stand-up comedy, food/cuisine, and American football. This post suggests that “street art” is successfully existing, operating and flourishing in intellectual property’s negative space.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on June 20, 2014. The original post can be accessed via the Archived Link button above.
Smith, Cathay Y. N., "“Copyright is for losers©™”: Street Art Flourishes in Intellectual Property’s Negative Space" (2014). AELJ Blog. 49.