Copying and Context: Tying as a Solution to the Lack of Intellectual Property Protection of Contract Terms

New York University Law Review Online, Vol. 88, May 2013

6 Pages Posted: 12 Jan 2014

See all articles by Lisa Bernstein

Lisa Bernstein

University of Chicago - Law School; University of Oxford - Centre for Corporate Reputation

Date Written: May 1, 2013

Abstract

This comment on Kevin Davis’ piece, “Contracts as Technology,” suggests reasons that contract provisions are less likely then he suggests to be under produced by Trade Associations and other organizations, despite the lack of intellectual property protection for novel terms. It argues that many of these groups provide their members with services tied to these contracts that make them more valuable when used by members then by non-members — a consideration that motivates members to continue to fund contract innovation, even when the contracts that are created can be appropriated for free by non-group members.

Keywords: Contracts, Intellectual Property, Innovation

Suggested Citation

Bernstein, Lisa E., Copying and Context: Tying as a Solution to the Lack of Intellectual Property Protection of Contract Terms (May 1, 2013). New York University Law Review Online, Vol. 88, May 2013, Available at SSRN: https://ssrn.com/abstract=2377713

Lisa E. Bernstein (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

University of Oxford - Centre for Corporate Reputation

Park End Street
Oxford OX1 1HP
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
56
Abstract Views
808
rank
437,184
PlumX Metrics