Intellectual Property Boston College Law School January 12, 2009 Introduction

Who?

Masters Of Augusta

Theories of IP Incentive Theory Natural Law Theory Personality Theory

Incentive Theories Basic idea: –IP rights necessary to provide creators with incentives to engage in creative activity Responds to “public goods” nature of information Without protection, others could copy and sell Limitations: –Alternate ways to provide incentives –Protection may reduce broad access to info –May inhibit ability to build on creative works

Labor-Desert Theories Basic idea: –IP rights reward creators for their creative labor Based in part on writings of John Locke; natural law Consistent with instincts re: rewarding effort Limitations –Hard to know what limiting factors –How much of idea’s success is due solely to creator’s labor?

Personality Theories Basic idea: –IP rights protect a creator’s personal connection to information Some works are not merely commodities Instead, may be bound up with creator’s identity Limitations –Hard to know what limiting factors –Not applicable to primarily commercial works

Types of IP

Requirements Grading –Primarily based on exam (take-home) –Quality participation will be counted Participation –Panel system Class web site –

Contact Information Office Hours –Location: East Wing 313 –Hours: Mon., 1:30-3 p.m., or by appointment Phone –

Assignment for Next Class Start II - Copyright –Read A (Introduction) –Read B (Requirements)