"A third dimension: creativity and the individual-State relationship" [2019] ELECD 794; in Griffin, James (ed), "The State of Creativity" (Edward Elgar Publishing, 2019) 29

Book Title: The State of Creativity

Editor(s): Griffin, James

Publisher: Edward Elgar Publishing

Section: Chapter 2

Section Title: A third dimension: creativity and the individual-State relationship

Number of pages: 28

Abstract/Description:

This chapter focuses upon the limits of regulation, by considering the individual - State relationship. It suggests that the main critical component of creativity is that termed ‘inner creativity’ within individuals, something which State regulation cannot normally reach. It is argued that only in what is called the ‘push button order’, where life and death is at the whim of the State, would regulation of ‘inner creativity’ be completely possible. Nonetheless, there has been a gradual influencing of ‘inner creativity’ through the regulation of expressed ‘outer creativity.’ It is argued that ‘inner creativity’ will influence the effectiveness of the regulation of general creativity, because the ‘inner creativity’ influences the perceived rationality of the State. This has an impact in the effectiveness of regulation in areas such as file sharing, or sharing of 3D & 4D printed scans and files. The chapter investigates the centrality of proprietary and economic reasoning in courts to assess how the State has sought to regulate ‘inner creativity’ and what this suggests about the future of the individual-State relationship in an age of increasing machination.