Intellectual Property
AI Exposes Flaws in Copyright’s Focus on Transformativeness in Fair Use
Shishene Jing argues that the fair use doctrine's central question—whether a use is sufficiently transformative to avoid licensing requirements—breaks down when applied to AI. Transformativeness worked as a test because transformative uses rarely competed financially with the originals. AI training severs that relationship, as it is both the most transformative use of copyrighted material and the use best equipped to displace their markets.
Are Intellectual Property Rights Neoliberal? Yes and No
Today’s global IP regime is often described by critical scholars bluntly as “neoliberal.” But in fact, the topic of intellectual property rights has been...
The Darkest Side of Monopsony: The South Korean Case
"Chaebols”, large business groups controlled by founder families, are usually considered a crucial ingredient of South Korea's economic miracle. But after a process of...
Mickey Mouse Turns 89 This Week—But Will He Ever Appear in the Public Domain?
Walt Disney Co.’s efforts to protect its copyright over the famous anthropomorphic mouse are the subject of a new Stigler Center case study.
This Sunday...
Intellectual Property Laws: Wolves in Sheep’s Clothing
The excesses of IP law are now a serious obstacle to innovation and economic growth.
In the rogues’ gallery of regulatory rent-seeking, copyright and patent...
