From Corn to Norms: How IP Entitlements Affect What Stand-Up Comedians Create
University of Virginia School of Law
Christopher Jon Sprigman
New York University School of Law
May 16, 2009
Virginia Law Review In Brief, Vol. 95, No. 57, 2009
Virginia Law and Economics Research Paper No. 2009-11
In There’s No Free Laugh (Anymore): The Emergence of Intellectual Property Norms and the Transformation of Stand-Up Comedy, 94 Virginia L. Rev. 1787 (2008), we explored how, why, and what stand-up comedians have created at different points in the history of stand-up comedy. From this study, we offered insights into how intellectual property (“IP”) law affects human motivation to create, how legal and non-legal motivations interact, and how the emergence of IP entitlements (in comedians’ case, norm-based entitlements) may change creative practices. We offered a static analysis of how stand-up comedians use social norms as a substitute for formal IP law in order to protect their jokes and comedic routines, and a dynamic analysis of how these norms came into being over the last half century.
In this short piece for the Virginia Law Review's In Brief, we reply to a group of thoughtful responses to our article by Professors Michael Madison, Jennifer Rothman, Henry Smith, and Katherine Strandburg.
Number of Pages in PDF File: 12
Keywords: copyright, intellectual property, social norms, law and economics, Demsetz
Date posted: May 17, 2009 ; Last revised: September 28, 2009