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17 Rev. Econ. Rsch. on Copyright Issues 1 (2020)

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Review of Economic  Research on Copyright Issues, 2020, vol. 17(1), pp. 1-37


    ACCOUNTING FOR CREATIVITY: LESSONS FROM THE ECONOMIC

         HISTORY OF INTELLECTUAL PROPERTY AND INNOVATION



                                         B. ZORINA  KHAN


        ABSTRACT.  Social progress depends on the realization of inventive ideas, and economic history
        provides valuable lessons about creativity in technology and culture. The empirical study of
        over one hundred thousand innovative individuals who obtained patents, copyrights, and prizes,
        sheds light on the relationship between institutions, incentives, and transformative ideas and
        expression, over the past two centuries. The European growth model assumed useful knowl-
        edge was scarce, and top-down administered innovation systems offered rights and rewards to
        exclusive groups. By contrast, American policies regarded creativity as widely distributed
        in the general population, and further promoted inclusive market-oriented mechanisms that
        fostered diversity in ideas and outcomes. The evidence suggests that property rights in patents
        facilitated markets in ideas, and ensured that returns were aligned with productivity and market
        demand.  Whereas, such administered systems as innovation prizes and publisher's copyrights in
        the creative industries benefited the few rather than overall social welfare.






                               1. ECONOMICS AND CREATIVITY


   For  many,  creativity  is an  ineffable expression   of the human condition, well beyond

conventional   economic  concerns.   Creative  output  often  excludes  large areas of standard

economic   activities  from  consideration. Creative writing is defined in terms of novels

and  fictional literature rather than  a novel  theoretical article in the  Journal  of Economic

Literature.  The  boundaries   of creative  industries officially include music,  fiction, fashion

and  design, architecture,  performance,   computer   games,   photography   and  film, and  other

artistic pursuits.'   The  genius  creates  a  painting  of a can  of soup  or  curates  the

placement   of a urinal; whereas   the producer   of a superior can  of soup  or the plumbing   in


This essay elaborates on my keynote presentation at the 2019 annual SERCI meeting in Montpellier, France. I am
exceedingly grateful to the Society for Economic Research on Copyright Issues for this opportunity. Special thanks
are due to Richard Watt, the editor of this journal. I also benefited from discussions with Christian Handke, Paul
Heald, Mark Schultz, Ruth Towse and other conference participants, whose research insights have all added so much
to our understanding of human creativity.
'See,  for  the  instance, UNCTAD's    definition of creative industries which  can  be   found  at
https://unctad.org/en/Pages/DITC/CreativeEconomy/Creative-Economy-Programme.aspx.   The  2008  Cre-
ative Economy Report (p. 3) is more comprehensive, regarding creativity as the formulation of new ideas and
originality, imagination, inspiration, ingenuity and inventiveness especially when applied to cultural goods,
inventions and innovations.

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