Cultural Commons and the Law from the Renaissance to Postmodernity: A Case Study

The fourth chapter of the book narrates the history of culture from the prism of the intellectual commons. It thus shifts the focus of analysis from the enclosures of intellectual property law to the significance of intellectual sharing and collaboration across history. Further developing arguments of legal historians over the evolution of copyright this chapter unfolds the argument that, despite their prominence, in recent historical periods socialised creativity and inventiveness have been framed by copyright laws in a way that has suppressed the social potential of the intellectual commons, instead of accommodating them. This theorisation of the intellectual commons across history examines the evolution of the regulation of cultural commons from the Renaissance to postmodernity. Its aim is to examine in parallel, on the one hand, the importance of the commons for art and culture and, on the other hand, the discrepancy of their treatment under positive law.