Monday, July 20, 2009
In There’s No Free Laugh (Anymore): The Emergence of Intellectual Property Norms and the Transformation of Stand-Up Comedy, 94 Virginia L. Rev. 1787 (2008), we explored how, why, and what stand-up comedians have created at different points in the history of stand-up comedy. From this study, we offered insights into how intellectual property (“IP”) law affects human motivation to create, how legal and non-legal motivations interact, and how the emergence of IP entitlements (in comedians’ case, norm-based entitlements) may change creative practices. We offered a static analysis of how stand-up comedians use social norms as a substitute for formal IP law in order to protect their jokes and comedic routines, and a dynamic analysis of how these norms came into being over the last half century.
In this short piece for the Virginia Law Review's In Brief, we reply to a group of thoughtful responses to our article by Professors Michael Madison, Jennifer Rothman, Henry Smith, and Katherine Strandburg.
Download the essay here.