Intellectual Property and the Law of Ideas

Ideas are at the center of all of our inventive, creative, and commercial activities. Defining the contours of the law of ideas, however, has often proved to be an elusive endeavor. It is a body of law that exists just outside of the domain of traditional intellectual property law, yet it lies within its orbit. It is composed of disparate legal theories drawn from the law of contracts, property, and moral rights. In addition, it is embodied in an accumulation of judicial precedents, some of which are contradictory and imprecise, and some of which are tied to a particular jurisdiction. Nevertheless, given the importance of ideas to our economy and to our culture, and given that no cumulative source on this topic had been published, it occurred to me that the time was right for a book on the law of ideas. It would be a book that would provide guidance to idea originators and idea recipients and serve as a source of explanation and analysis for legal researchers and practitioners. In other words, this was the idea that inspired me to write a book on the law of ideas. I am hopeful that I have succeeded in achieving these aims. More importantly, I hope the contents of this book are of use to you in the development and diffusion of your own ideas