Madison Published "Knowledge Curation" at Notre Dame Law Review
Professor Michael Madison has published a new article, titled "Knowledge Curation," as part of a symposium on Creativity and the Law at the Notre Dame Law Review.
This Article addresses conservation, preservation, and stewardship of knowledge, and laws and institutions in the cultural environment that support those things. Legal and policy questions concerning creativity and innovation usually focus on producing new knowledge and offering access to it. Equivalent attention rarely is paid to questions of old knowledge. To what extent should the law, and particularly intellectual property law, focus on the durability of information and knowledge? To what extent does the law do so already, and to what effect? This article begins to explore those questions. Along the way, the article takes up distinctions among different types of creativity and knowledge, from scholarship and research to commercial entertainment and so-called “User Generated Content”; distinctions among objects, works of authorship, and legal rights accompanying both; distinctions among creations built to last (sometimes called “sustained” works), creations built for speed (including “ephemeral” works), and creations barely built at all (works closely tied to the authorial “self”); and distinctions between analog and digital contexts.
The symposium issue, including Professor Madison's article, is available here: http://ndlawreview.org/current-issue/ (Volume 86, No. 5). It features a dozen articles based on different fields of intellectual property law, art law, religious tradition and law, and social science research.
Professor Madison's paper can be downloaded from SSRN at http://ssrn.com/abstract=1848086