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Economic Structure of Intellectual Property Law

ISBN-10: 0674012046
ISBN-13: 9780674012042
Edition: 2003
List price: $68.50
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Description: 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  More...

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Book details

List price: $68.50
Copyright year: 2003
Publisher: Harvard University Press
Publication date: 11/28/2003
Binding: Hardcover
Pages: 480
Size: 6.50" wide x 9.50" long x 1.25" tall
Weight: 1.716
Language: English

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.

William M. Landes is the Clifton R. Musser Professor Emeritus of Law and Economics at the University of Chicago Law School.

Richard A. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.

Introduction
The Economic Theory of Property
How to Think about Copyright
A Formal Model of Copyright
Basic Copyright Doctrines
Copyright in Unpublished Works
Fair Use, Parody, and Burlesque
The Economics of Trademark Law
The Optimal Duration of Copyrights and Trademarks
The Legal Protection of Postmodern Art
Moral Rights and the Visual Artists Rights Act
The Economics of Patent Law
The Patent Court: A Statistical Evaluation
The Economics of Trade Secrecy Law
Antitrust and Intellectual Property
The Political Economy of Intellectual Property Law
Conclusion
Acknowledgments
Case Index
Author Index
Subject Index

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