THE INTERACTION BETWEEN CREATIVITY AND LAW: ARTISTIC FREEDOM AND PUBLIC INTEREST IN LATVIA

Abstract

The interaction of creativity (terms “innovation”, “creative process”, “creative activity” and “creativity” are also used synonymously) and law gives rise to discussions and issues of application of legal norms, trying to ensure a balance between manifestations of legal norms, creative freedom and public interests. Creativity exists within a legal framework that both promotes and restricts its expression. Laws regulating creative activities are necessary to protect the rights of creative individuals, promote cultural development and maintain societal values while protecting public interests related to social responsibility and ethics. Creative freedom allows artists to address controversial or provocative issues, challenge societal norms and promote public debate. However, it is not absolute. Legal boundaries are set to prevent expressions of creativity that harm public interests. The task of setting boundaries without violating creativity is a challenge for the legal system and the legislator. Public opinion, cultural values and historical context influence what is considered acceptable or unacceptable in creative activity. Legal regulations that protect public morals or safety may impose restrictions, but it is important to ensure a foundation and balance so that creative activity maintains its freedom and continuity. As part of the study, the authors examine the understanding of creativity in law, including the freedom of creativity stipulated in Article 113 of the Constitution of the Republic of Latvia, the priorities for the expression of creativity set out in the policy planning documents of the Republic of Latvia, as well as current practice of analysis (the so-called “Puppet Opera” case, “Gossip Case”, “Brekte’s Mural”).

The aim of the study is to explore the understanding of creativity in law and to clarify how the legal system and public interests influence creative expressions, focusing in particular on the restrictions on freedom of creativity and the legal framework that promotes or restricts creativity in modern society, answering questions about the proportionality of creativity and legal framework – to what extent is freedom of creativity protected by law, and how are limits set to prevent potentially harmful effects on society, and what protective mechanisms are necessary for the legal framework to proportionately ensure both creativity and public interests without turning into censorship.

The study concludes with conclusions and proposals for the development of the understanding of creativity, including the improvement of legal framework: a diverse understanding of creativity is observed in Latvian regulatory acts, mostly associating it with artistic creativity. This approach is not only restrictive of the expressions of creative persons, but can also limit the rights and legal protection of creative persons – including, būt not limited to authors. The assessment of creative work is always related to a certain context, including public opinion, cultural values and historical events, as well as the knowledge, experience, perception and assessment of each member of society. This is relevant for the possible impact of creativity on society and its various groups. The state is obliged to balance the protection of freedom of creativity and the interests of society.