Abstract

http://ssrn.com/abstract=534024
 
 

Citations (1)



 
 

Footnotes (32)



 


 



Regime Change in Intellectual Property: Superseding the Law of the State with the 'Law' of the Firm


Margaret Jane Radin


University of Michigan Law School; University of Toronto Faculty of Law


University of Ottawa Law & Technology Journal, Vol. 1, p. 173, 2003-2004
Stanford Public Law Working Paper No. 91

Abstract:     
Our current legal discourse on intellectual property needs to expand beyond propertization policy to include competition and free speech policy. Recent legal strategies in the U.S. have tried to avoid the limits copyright law by appropriating arcane real property torts and by mass promulgated contracts. If effective, such "laws" would supersede the official regime of intellectual property. In order to remain relevant in light of such developments, legal discourse must consider which aspects of the present intellectual property and contract regimes are default, waivable rules and which are inalienable entitlements. As one method for motivating a consideration of the limits of the waivability of default rules, I present a framework for considering whether such superseding regimes could be efficient. I argue that questions of efficiency implicate hard issues of pre-emption by federal law, as well as issues of competition and free speech. I also outline some categories of the most plausible candidates for inalienable rights. Finally, I argue that legislative approval of the regulation of intellectual property by machine poses a separate threat to the official copyright regime.

Number of Pages in PDF File: 26

Accepted Paper Series





Download This Paper

Date posted: April 28, 2004  

Suggested Citation

Radin, Margaret Jane, Regime Change in Intellectual Property: Superseding the Law of the State with the 'Law' of the Firm. University of Ottawa Law & Technology Journal, Vol. 1, p. 173, 2003-2004; Stanford Public Law Working Paper No. 91. Available at SSRN: http://ssrn.com/abstract=534024

Contact Information

Margaret Jane Radin (Contact Author)
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
734-763-4861 (Phone)
734-763-9375 (Fax)
University of Toronto Faculty of Law ( email )
78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
Feedback to SSRN


Paper statistics
Abstract Views: 4,334
Downloads: 288
Download Rank: 60,629
Citations:  1
Footnotes:  32

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.265 seconds