Unbundling Copyright from Patents to Inform the Analysis of Notice Costs and Monopoly
21 Pages Posted: 23 Aug 2016
Date Written: May 3, 2016
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
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