Intellectual Production without Intellectual Property (20255). 2 units. A great deal of intellectual production occurs beyond the reach of intellectual property law. The field of IP has begun to recognize this, and a new "IP without IP" literature has begun to emerge. This seminar will explore the theoretical foundations for this literature, as well as introduce students to important new work describing the practices and norms of discrete creative communities. Initial readings will orient students to the "law and norms" literature and also to the basics of innovation theory. The class will then explore recent case-studies, for example that describe how magicians, comedians, and French chefs support creativity without IP. The class will also explore recent writings on Wikipedia, open source software, open science, and other so-called "commons-based" modalities of production. Readings and discussions will explore the implications of this literature for our understanding of IP law and innovation policy, and will seek to develop a more general account of where we should expect to see IP without IP, as well as its implications, both for efficiency and for other values, such as democracy or distributive justice. Students will write a seminar paper in lieu of an exam. For example, students may want to either address important theoretical concerns in this emerging field, or undertake their own case studies of creative communities that operate without – or in the shadow of — IP law. The paper will be due at the end of exam period, with the possibility of developing it further as a Substantial Paper or Supervised Analytic Writing paper. The course should be useful for anyone interested in theories of IP and innovation (or in fields that develop competing accounts of creative practice, such as science studies, performance studies, etc.). Paper required. Enrollment limited to fifteen. A. Kapczynski.