Intellectual Property and the Brain How Neuroscience Will Reshape Legal Protection for Creations of the Mind

Although legal scholars have begun to explore the implications of neuroscientific research for criminal law, the field has yet to assess the potential of such research for intellectual property law ? a legal regime governing over one-third of the US economy. Intellectual Property and the Brain addresses this gap by showing how tools meant to improve our understanding of human behavior inevitably shape the balance of power between artists and copyists, businesses and consumers. This first of its kind book demonstrates how neuroscience can improve our flawed approach to regulating creative conduct and commercial communications when applied with careful attention to the reasons that our system of intellectual property law exists. With a host of real-life examples of art, design, and advertising, the book charts a path forward for legal actors seeking reforms that will unlock artistic innovation, elevate economic productivity, and promote consumer welfare.

Part I. The law and neuroscience of creative activity: 1. Copyright and creativity; 2. Inside the design process; Part II. Understanding audiences for art and advertising; 3. Neuroaesthetics and copyright infringement; 4. Seeing design; 5. Neuromarks; Part III. Using neuroscience to improve intellectual property law; 6. How to take creativity seriously; 7. Know your audience; 8. Advertising, fast and slow; Conclusion.

Mark Bartholomew is a full professor at the University at Buffalo School of Law, where he teaches and writes in the areas of intellectual property and law and technology, with an emphasis on copyright law, trademark law, advertising regulation, and online privacy. He is the author of Adcreep: The Case Against Modern Marketing (2017).