1st Edition

Disrupting Copyright How Disruptive Innovations and Social Norms are Challenging IP Law

By Margery Hilko Copyright 2021
    236 Pages
    by Routledge

    236 Pages
    by Routledge

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    New innovations are created every day, but today’s business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law?

    Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations.

    Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.



    Chapter One: Disruptive Innovation & the Law

    Disruptive v Sustaining Innovation: the core of the theory

    What is Disruptive Innovation?

    Disruptive Innovation in Legal Discussion

    Disruptive Innovation: The Noun, the Theory, and the Challenge

    Chapter 2: Technology, law, and shifting society

    How Technology Changes Society & Societal Priorities

    Law, Society & Technology

    Why Disruptive Innovation?

    Signal to Noise

    Chapter 3: Social Norms and Disruptive Innovations

    Norms and Signals

    Question: Is the disruptive innovation linked to a demographically significant group?

    Question: Have conflicting norms arisen?

    Question: Is there interest in the technology?

    A Confluence of Factors, or how to affect policy


    Chapter 4: Legislating for well known norms: Photocopying

    Early Development Period Pre-1959

    Disruptive Period Development 1959-1970

    Mature Technology Period

    Xerography's Social Norm influence on the Law

    Chapter 5: Legislating during the disruptive period: Radio

    Early Development Pre-1922

    Disruptive Period 1922-1927

    Mature Technology in the 1930s

    Differences between the US & UK


    Chapter 6: Legislating Early: Personal Computers

    Before the Personal Computer

    Early Personal Computers 1976-1979

    The Disruptive Period 1980-84

    Post 1984


    Chapter 7: Disruptive Innovation and Regulation

    Innovation and Norms: Identifying Social Needs

    Disruptive technologies can highlight laws that require reform

    Disruptive innovations requires careful, cautious management by law reformers

    Regulating disruptive innovations

    Chapter 8: The Principles at Work

    The Disruptive Internet

    Artificial Intelligence: Disruptive Innovation or not?

    Applying the Principles


    Chapter 9: Final Thoughts



    Dr. Margery R Hilko lectures at the Sutherland School of Law at University College Dublin. With a LLM in Intellectual Property and Information Technology Law, her PhD was explored how disruptive innovations and the social norms they created affected copyright law. She continues to research in the areas of data protection, internet law, and intellectual property.