Unbundling Copyright from Patents to Inform the Analysis of Notice Costs and Monopoly

21 Pages Posted: 23 Aug 2016

See all articles by Stan J. Liebowitz

Stan J. Liebowitz

University of Texas at Dallas - School of Management - Department of Finance & Managerial Economics

Date Written: May 3, 2016

Abstract

This paper examines a crucial difference between copyright and patents that requires very different analyses for each in the cases of notice effects and monopoly. In the first instance, notice costs will be shown to be much more import in the case of patents then they are in the case of copyright. In fact, notice costs will be zero for many if not most copyright works. In the second instance, the claim that intellectual property creates a monopoly will be shown to be incorrect for copyright although possibly correct for patents. The reason that these two fundamental components of intellectual property differ from one another in these cases is that copyright, while preventing copying, does not prevent independent creation, whereas patent law prevents both copying and independent creation.

Keywords: notice, copyright, patent, monopoly

Suggested Citation

Liebowitz, Stan J., Unbundling Copyright from Patents to Inform the Analysis of Notice Costs and Monopoly (May 3, 2016). Boston University Law Review, Vol. 96, No. 3, 2016, Available at SSRN: https://ssrn.com/abstract=2827123

Stan J. Liebowitz (Contact Author)

University of Texas at Dallas - School of Management - Department of Finance & Managerial Economics ( email )

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HOME PAGE: http://www.utdallas.edu/~liebowit/

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