That's My Joke...Art...Trick!: How the Internal Norms of IP Communities are Ineffective Against Extra-Community Misappropriation

Posted: 25 Aug 2012

See all articles by Jeremy Schachter

Jeremy Schachter

Yeshiva University - Benjamin N. Cardozo School of Law

Date Written: December 14, 2011

Abstract

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

Suggested Citation

Schachter, Jeremy, That's My Joke...Art...Trick!: How the Internal Norms of IP Communities are Ineffective Against Extra-Community Misappropriation (December 14, 2011). Available at SSRN: https://ssrn.com/abstract=2135627 or http://dx.doi.org/10.2139/ssrn.2135627

Jeremy Schachter (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States

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