Jeremy Schachter weighs in on the issue of informal norms within communites and intellectual property. He discusses such norms in the communities of the standup comedian, the magician, and the chef.
Jeremy Adam Schachter, That's My Joke...Art...Trick!: How the Internal Norms of IP Communities are Ineffective Against Extra-Community Misappropriation. Here is the abstract.
Many scholars write that communities of IP creators whose work may not be sufficiently protected by the formal law is nevertheless okay because internal norms of the IP communities work to provide protection. While this is true to a point, it overlooks the fact that these same creators are afforded no protection where the misappropriation is committed by an entity outside of the community. This paper discusses the ramifications of such a misappropriation and suggests that it causes the greatest type of harm.
Download the paper from SSRN at the link.
Many have written papers regarding the IP law. But this looks a bit different. Thank you for sharing this. It appears really promising. I'm checking it as soon as I can.
Posted by: Dianne Weiss | September 20, 2012 at 06:03 PM