Mandel, Fast and Olson (2015)
Contents
Source Details
Mandel, Fast and Olson (2015) | |
Title: | Intellectual Property Law's Plagiarism Fallacy |
Author(s): | Mandel, G. N., Fast, A. A., Olson, K. |
Year: | 2015 |
Citation: | Mandel, Gregory N. and Fast, Anne A. and Olson, kristina, Intellectual Property Law's Plagiarism Fallacy (May 12, 2015). Temple University Legal Studies Research Paper No. 2015-22. |
Link(s): | Definitive , Open Access |
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About the Data | |
Data Description: | This survey uses three different datasets of individuals living in USA. Survey respondents were paid in order to complete the questionnaires. |
Data Type: | Primary data |
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Cross Country Study?: | No |
Comparative Study?: | No |
Literature review?: | No |
Government or policy study?: | No |
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Abstract
"Intellectual property law is caught in a widespread debate over whether it should serve incentive or natural rights objectives, and what the best means for achieving those ends are. This article reports a series of experiments revealing that these debates are actually orthogonal to how most users and many creators understand intellectual property law. The most common perception of intellectual property among the American public is that intellectual property law is designed to prevent plagiarism.
The plagiarism fallacy in intellectual property law is not an innocuous misperception. This fallacy likely helps explain pervasive illegal infringing activity on the Internet, common dismissal of copyright warnings, and other previously puzzling behavior. The received wisdom has been that the public is ethically dismissive or indifferent towards intellectual property rights. This research reveals instead that experts have failed to comprehend what the public’s conception of intellectual property law actually is.
The studies reported here uncover several additional intellectual property law findings, including that: (1) the majority of the American public views intellectual property rights as too broad and too strong, (2) knowledge of intellectual property law does not affect opinions about what the law should be, and (3) there are significant demographic and cultural divides concerning intellectual property rights. The findings as a whole raise central questions concerning the public legitimacy of intellectual property law, and consequently its ability to function as intended."
Main Results of the Study
This survey presents an original series of experiments that reveal preventing plagiarism to be the leading perceived basis for intellectual property protection in the United States. It formulates a plagiarism fallacy theory through a series of three experiments concerning popular understandings and preferences for intellectual property rights. More specifically, it shows that: *There is a dominant focus on moral and ethical concerns with copying, but not legal concerns.
- This objective of preventing plagiarism is the most commonly selected objective and it surpasses all traditionally identified objectives such as incentive, natural rights, and expressive alternatives.
- People tend to believe the free copying of creative work or invention should be enabled by merely providing proper attribution to the originator of a creative work or invention.
- The level of knowledge about intellectual property law is extremely low in the United-States.
- Individual opinions about what the law should be is not affected by the knowledge of intellectual property law.
- There are cultural and demographic divides based on people’s gender, age, political identity and income concerning intellectual property law.
Policy Implications as Stated By Author
The study recommends research and measures aimed at aligning the public psychology of intellectual property with the reality of intellectual property law - if the widespread disconnect between these two elements continues, the intellectual property system will remain hard pressed to achieve its objectives.
Coverage of Study
Datasets
Sample size: | 443 |
Level of aggregation: | Individual |
Period of material under study: | 2015 |
Sample size: | 60 |
Level of aggregation: | Individual |
Period of material under study: | 2015 |
Sample size: | 116 |
Level of aggregation: | Individual |
Period of material under study: | 2015 |