0674012046 9780674012042 9780674039919 electronic book 0674039912 electronic book
Alternate Call Number
F 40 LAN.E
Summary
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights.
Note
Includes bibliographical references and index. Introduction1.The economic theory of property2.How to think about copyright3.A formal model of copyright4.Basic copyright doctrines5.Copyright in unpublished works6.Fair use, parody, and burlesque7.The economics of trademark law8.The optimal duration of copyrights and trademarks9.The legal protection of postmodern art10.Moral rights and Visual Artists Rights Act11.The economics of patent law12.The patent court : a statistical evaluation13.The economics of trade secrecy law14.Antitrust and intellectual property15.The political economy of intellectual property lawConclusionAcknowledgmentsCase indexAuthor indexSubject index.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
1. The economic theory of property; 2. How do think about copyright; 3. A formal model of copyright; 4. Basic copyright doctrines; 5. Copyright in unpublished works; 6. Fair use, paradoy, and burlesque; 7. The economics of trademark law; 8. The optimal duration of copyrights and trademarks; 9. The legal protection of postmodern art; 10. Moral rights and the visual artists rights act; 11. The economics of patent law; 12. The patent court: a statistical evaluation; 13. The economics of trade secrecy law; 14. Antitrust and intellectual property; 15. The political economy of intellectual property law.
Published
Cambridge, Mass. : Harvard University Press, 2003.