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The Economic Structure of Intellectual Property Law - William M. Landes

The Economic Structure of Intellectual Property Law

Hardcover Published: 5th December 2003
ISBN: 9780674012042
Number Of Pages: 448

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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.

Industry Reviews

Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' -- Nicholas Thompson New York Sun 20031210 Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. -- R. A. Miller Choice 20040401

Introductionp. 1
The Economic Theory of Propertyp. 11
How to Think about Copyrightp. 37
A Formal Model of Copyrightp. 71
Basic Copyright Doctrinesp. 85
Copyright in Unpublished Worksp. 124
Fair Use, Parody, and Burlesquep. 147
The Economics of Trademark Lawp. 166
The Optimal Duration of Copyrights and Trademarksp. 210
The Legal Protection of Postmodern Artp. 254
Moral Rights and the Visual Artists Rights Actp. 270
The Economics of Patent Lawp. 294
The Patent Court: A Statistical Evaluationp. 334
The Economics of Trade Secrecy Lawp. 354
Antitrust and Intellectual Propertyp. 372
The Political Economy of Intellectual Property Lawp. 403
Conclusionp. 420
Acknowledgmentsp. 425
Case Indexp. 427
Author Indexp. 430
Subject Indexp. 435
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780674012042
ISBN-10: 0674012046
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 448
Published: 5th December 2003
Publisher: Harvard University Press
Country of Publication: US
Dimensions (cm): 23.5 x 15.6  x 3.51
Weight (kg): 0.78

Earn 227 Qantas Points
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