They Claim to Own Him, Body & Soul
They Claim to Own Him, Body & Soul
This chapter focuses on litigation over control of the talent of singers, actors, writers, and others in popular entertainment from 1860 to 1895, which reflected an evolving understanding of the nature of creativity and the role of employment contracts in creating property rights in employee innovation. Creativity and its products became commodities. The scope of intellectual property expanded, especially in the area of copyrights, trade secrets, and trademarks. Markets to sell intellectual property expanded in the growing consumer culture. These developments, combined with the transformation of working conditions and the rise of bureaucratic employment practices associated with factories and the emerging science of management, prompted firms to contract for ownership of employee innovations to an unprecedented degree.
Keywords: litigation, popular entertainment, nature of creativity, employment contracts, property rights, employee innovation
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