Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (4)
- Arts and Humanities (2)
- Common Law (2)
- Communication (2)
- Property Law and Real Estate (2)
-
- Public Affairs, Public Policy and Public Administration (2)
- Arts Management (1)
- Business (1)
- Economic Theory (1)
- Economics (1)
- Education (1)
- Education Policy (1)
- Entertainment, Arts, and Sports Law (1)
- First Amendment (1)
- Jurisprudence (1)
- Law and Economics (1)
- Law and Society (1)
- Mass Communication (1)
- Other Arts and Humanities (1)
- Other Communication (1)
- Philosophy (1)
- Psychology (1)
- Public Economics (1)
- Social Policy (1)
- Social and Philosophical Foundations of Education (1)
- Theatre and Performance Studies (1)
- Theory and Philosophy (1)
- Torts (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Tiered Originality And The Dualism Of Copyright Incentives, Shyamkrishna Balganesh
Tiered Originality And The Dualism Of Copyright Incentives, Shyamkrishna Balganesh
All Faculty Scholarship
Professor Balganesh responds to Gideon Parchomovsky & Alex Stein, Originality, 95 Va. L. Rev. 1505 (2009), arguing that their proposal can perhaps be accommodated under current copyright doctrine.
Foreseeability And Copyright Incentives, Shyamkrishna Balganesh
Foreseeability And Copyright Incentives, Shyamkrishna Balganesh
All Faculty Scholarship
Copyright law’s principal justification today is the economic theory of creator incentives. Central to this theory is the recognition that while copyright’s exclusive rights framework provides creators with an economic incentive to create, it also entails large social costs, and that creators therefore need to be given just enough incentive to create in order to balance the system’s benefits against its costs. Yet, none of copyright’s current doctrines enable courts to circumscribe a creator’s entitlement by reference to limitations inherent in the very idea of incentives. While the common law too relies on providing actors with incentives to behave in …
Debunking Blackstonian Copyright, Shyamkrishna Balganesh
Debunking Blackstonian Copyright, Shyamkrishna Balganesh
All Faculty Scholarship
This is a review of Neil Weinstock Netanel’s Copyright’s Paradox (2008).
Custom, Comedy, And The Value Of Dissent, Jennifer E. Rothman
Custom, Comedy, And The Value Of Dissent, Jennifer E. Rothman
All Faculty Scholarship
In this essay, I comment on Dotan Oliar and Christopher Sprigman's article, There's No Free Laugh (Anymore): The Emergence of Intellectual Property Norms and the Transformation of Stand-Up Comedy, 94 Va. L. Rev. 1787 (2008). Their study of the quasi-intellectual property norms in the stand-up comedy world provides yet another compelling example of the phenomenon that I have explored in which the governing intellectual property regime takes a backseat to social norms and other industry customs that dominate the lived experiences of many in creative fields. The microcosm of stand-up comedy reinforces my concern that customs are being used to …
Originality, Gideon Parchomovsky, Alex Stein
Originality, Gideon Parchomovsky, Alex Stein
All Faculty Scholarship
In this Essay we introduce a model of copyright law that calibrates authors’ rights and liabilities to the level of originality in their works. We advocate this model as a substitute for the extant regime that unjustly and inefficiently grants equal protection to all works satisfying the “modicum of creativity” standard. Under our model, highly original works will receive enhanced protection and their authors will also be sheltered from suits by owners of preexisting works. Conversely, authors of less original works will receive diminished protection and incur greater exposure to copyright liability. We operationalize this proposal by designing separate rules …