Over the course of the last century intellectual property has grown exponentially, but its march into all corners of our lives and to the most destitute corners of the world has paradoxically exposed the fragility of its economic foundations while amplifying its social and cultural effects. Today intellectual property laws bear considerably upon central features of human flourishing, from the developing world’s access to food, textbooks, and essential medicines, to the ability of citizens everywhere to democratically participate in political and cultural discourse.
Despite these real world changes, intellectual property scholars insist on explaining this field through the narrow lens of a particular economic vision.Intellectual property is understood solely as a tool to solve an economic "public goods" problem: nonrivalrous and nonexcludable goods such as music and scientific knowledge will be too easy to copy and share—thus wiping out any incentive to create them in the first place—without a monopoly right in the creations for a limited period of time.
These are some heady concepts, and I think these are some excellent ideas. I've tried to construct the argument elsewhere that in the context of antiquities we need to value the broader cultural value of antiquities in constructing and formulating heritage policy.
Other posts in the series this week include:
- IP: Social and Cultural Theory (Rob Merges)
- IP: Social and Cultural Theory (Madhavi Sunder)
- Does Economics Describe or Perform IP? (Mario Biagioli)
- IP: Cultural Theory and Economics Analysis (Omri Ben-Shahar)
- IP: Social and Cultural Theory (Rochelle Dreyfuss)