Abstract

http://ssrn.com/abstract=2297488
 


 



Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law


Christopher J. Buccafusco


Illinois Institute of Technology - Chicago-Kent College of Law

Jonathan S. Masur


University of Chicago - Law School

July 23, 2013

Southern California Law Review (2014, Forthcoming)
University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 649
U of Chicago, Public Law Working Paper No. 435
Chicago-Kent College of Law Research Paper No. 2013-34

Abstract:     
The scope and enforcement of intellectual property (IP) laws are becoming salient, for the first time, to a wide cohort of U.S. and international communities. National and international legislation, including the Stop Online Piracy Act (SOPA), the PROTECT IP Act (PIPA), and the Anti-Counterfeiting Trade Agreement (ACTA), have generated protests online and in the streets by people who are concerned about the expansion of IP rights. Common to each of these proposals was an expansion in the use of criminal sanctions to deter IP violations. Many copyright owners and the associations that represent them support criminal enforcement of IP, including the use of imprisonment, to combat the threat of increased IP piracy on the internet and throughout a globalized economy. Others, including a heterogeneous coalition of scholars, activists, and internet based companies like Google and Wikipedia, fear that using criminal sanctions to protect IP will expand already overgrown rights and chill valuable expressive and inventive behavior.

Number of Pages in PDF File: 55

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Date posted: August 8, 2013 ; Last revised: September 25, 2013

Suggested Citation

Buccafusco, Christopher J. and Masur, Jonathan S., Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law (July 23, 2013). Southern California Law Review (2014, Forthcoming); University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 649; U of Chicago, Public Law Working Paper No. 435; Chicago-Kent College of Law Research Paper No. 2013-34. Available at SSRN: http://ssrn.com/abstract=2297488

Contact Information

Christopher J. Buccafusco
Illinois Institute of Technology - Chicago-Kent College of Law ( email )
565 W. Adams St.
Chicago, IL 60661-3691
United States
312-906-5163 (Phone)

Jonathan S. Masur (Contact Author)
University of Chicago - Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
773.702.5188 (Phone)
HOME PAGE: http://www.law.uchicago.edu/faculty/masur/
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