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Intellectual Property Law

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Informal rules

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The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki Jan 2017

The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki

Articles

In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive-but nonetheless underappreciated-tool f or solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.

We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that formal …