By William M. Landes
This e-book takes a clean examine the main dynamic zone of yank legislation this present day, comprising the fields of copyright, patent, trademark, alternate secrecy, exposure rights, and misappropriation. issues diversity from copyright in deepest letters to shielding patenting of commercial equipment, from ethical rights within the visible arts to the banking of logos, from the impression of the court docket of patent appeals to the administration of Mickey Mouse. The historical past and political technological know-how of highbrow estate legislation, the problem of digitization, the numerous statutes and judge-made doctrines, and the interaction with antitrust ideas are all tested. The therapy is either optimistic (oriented towards figuring out the legislations because it is) and normative (oriented to the reform of the law). prior analyses have tended to miss the ambiguity that increasing highbrow estate rights can successfully decrease the quantity of latest highbrow estate by means of elevating the creators' enter expenditures. these analyses have additionally didn't combine the fields of highbrow estate legislations. they've got failed in addition to combine highbrow estate legislation with the legislations of actual estate, overlooking the numerous monetary and legal-doctrinal parallels. This ebook demonstrates the basic monetary rationality of highbrow estate legislation, yet is sympathetic to critics who think that during contemporary a long time Congress and the courts have long past too a long way within the production and defense of highbrow estate rights. (20040401)
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Extra resources for The Economic Structure of Intellectual Property Law
23 An alternative, which resembles the committed-searcher doctrine noted earlier and which we consider in Chapter 11, is to grant the first searcher the exclusive right to the discovery—but then rents may be incurred to become the first searcher. Probably the most efficient alternative to basing ownership of previously unowned property on either discovery or a grant is to base it on physical occupation. This reduces the net reward to being first and so alleviates to some extent the problem of excessive investment by forcing the would-be owner to incur the costs of occupation.
The resulting difference between price and marginal cost, summed over the number of copies sold, will generate revenues to offset the cost of expression. The offset may not be perfect; it may fall short or exceed the cost of expression because it is based not on that cost, a sunk cost that does not affect a rational seller’s price, but rather on the elasticity of demand and on marginal cost. Since the decision whether to create the work must be made before the demand for copies is known, it will be a “go” only if the difference between expected revenue and the cost of making copies equals or exceeds the cost of expression.
The Economic Theory of Property 35 35 sary to acquire it, a point illustrated by the colorful old case of Haslem v. 30 The plaintiff had raked horse manure dropped on the public streets into heaps that he intended to cart away the next day, which was the earliest he could obtain the necessary transportation. The defendant beat him to the punch. The plaintiff sued for the return of the manure and won. The original owners of the manure, who were the owners of the horses that had dropped it, had abandoned the manure; the plaintiff had found it.
The Economic Structure of Intellectual Property Law by William M. Landes