GW Law Faculty Publications & Other Works Faculty Scholarship 2004 The Case Against Copyright: A Comparative Institutional Analysis of Intellectual Property Regimes F. Scott Kieff George Washington University Law School,
[email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Kieff, F. Scott, "The Case Against Copyright: A Comparative Institutional Analysis of Intellectual Property Regimes" (2004). GW Law Faculty Publications & Other Works. 561. https://scholarship.law.gwu.edu/faculty_publications/561 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact
[email protected]. (Working Draft) THE CASE AGAINST COPYRIGHT: A COMPARATIVE INSTITUTIONAL ANALYSIS OF INTELLECTUAL PROPERTY REGIMES F. SCott KiEff * © 2004. F. Scott Kieff. All Rights Reserved. Abstract Contemporary debates over intellectual property (“IP”) generally evidence positions that appear to line up at opposite ends of the same axis, with one side arguing for more rights for IP owners under each major regime – patent, trademark, and copyright – and the other side arguing for fewer. Approaching from what some may see as a “more” IP view, this paper offers the counterintuitive suggestion to consider abolishing one of these IP regimes – copyright, at least with respect to the entertainment industry, which represents one of that regime’s most commercially significant users. This realization is in fact consistent with the underlying view because the view is not accurately seen as even being directed to the “more” or “less” debate; and instead is focused on means as much as ends.