Locating the creativity machine and mapping the contours of a new social contract with technology

Paulius Jurcys, Mark Fenwick, Vytautas Mizaras and Davey Whitcraft

Chapter 10 in Intellectual Property, Ethical Innovation and Sustainability, 2026, pp 130-147 from Edward Elgar Publishing

Abstract: As creative production becomes increasingly collaborative, technologically mediated, and networked, traditional notions of authorship, originality, and ownership are under pressure. The authors argue that copyright law must evolve beyond the romantic ideal of the solitary genius and recognize the realities of hybrid, human-machine creativity. The chapter is structured in three parts: first, it reframes creativity as inherently networked, shaped by tools, context, and collective effort. Second, it proposes a new social contract that affirms human agency while embracing co-construction with AI systems. And third, it introduces the concept of “agentic copyright” as a framework for understanding and governing creativity in an age of generative AI. It suggests that personal AI agents will operate on behalf of human creators to manage rights, licensing, and attribution. This model envisions a future where creators maintain control, audiences benefit from clarity, and copyright law adapts to a multi-agent digital ecosystem.

Keywords: Copyright; Artificial Intelligence; New Social Contract; Agentic Copyright; Networked Creativity (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035367764
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