Three Theories of Copyright in Ratings
New York Law School; Georgetown University Law Center
May 19, 2012
14 Vand. J. Ent. & Tech. L. 851 (2012)
NYLS Legal Studies Research Paper No.. 12/13 #44
Are ratings copyrightable? The answer depends on what ratings are. As a history of copyright in ratings shows, some courts treat them as unoriginal facts, some treat them as creative opinions, and some treat them as troubling self-fulfilling prophecies. The push and pull among these three theories explains why ratings are such a difficult boundary case for copyright, both doctrinally and theoretically. The fact-opinion tension creates a perverse incentive for raters: the less useful a rating, the more copyrightable it looks. Self-fulfilling ratings are the most troubling of all: copyright’s usual balance between incentives and access becomes indeterminate when ratings shape reality, rather than vice versa. All three theories are necessary for a complete understanding of ratings.
Number of Pages in PDF File: 38
Keywords: copyright, ratings, rankings, fact/opinion
JEL Classification: K00Accepted Paper Series
Date posted: June 27, 2012
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