The Perfect Storm: Intellectual Property and Public Values

Document Type



Forthcoming at 74 Fordham Law Review 423 (2005).


This short conference paper considers how the contemporary discourse surrounding Intellectual property law (especially copyright) may be harming all concerned. That is, because of wildly divergent (and often objectively unsupportable) positions taken by both copyright owners and consumer advocates, the zone of uncertainty in the law has increased. And as uncertainty increases, both sides are hurt. The paper ends with a call for a higher level of discourse, and a query regarding whether all concerned might be better off trading rights for certainty.

Date of Authorship for this Version

November 2005


copyright, fair use, uncertainty