That's My Joke...Art...Trick!: How the Internal Norms of IP Communities are Ineffective Against Extra-Community Misappropriation
Posted: 25 Aug 2012
Date Written: December 14, 2011
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.
Keywords: ip norms, copyright, trademark, patent, standup, comedy, magic, chefs, art, trade secret
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