Skip to main content
Article
To Promote the Progress: Incentives, Exclusives, and Values to Build a More Perfect Creative Culture
Ohio Northern University Law Review (2014)
  • Jon M. Garon
Abstract

Significant academic and judicial focus has emphasized the copyright and patent clause to the Constitution as reward and incentive. Much of this analysis, however, highlights a utilitarian focus on efficiency rather than either the Framers' philosophy or a relationship to actual market conditions and incentives. Authorship today reflects competition between traditionally incentive-funded content and free content as moderated on Napster, YouTube, Wikipedia, Facebook, Massive Open Online Courses ("MOOCs"), and open source software sites.

 

Keywords
  • creative culture,
  • promote the progress,
  • academic and judicial focus,
  • copyright and patent clause
Publication Date
2014
Citation Information
Jon M. Garon. "To Promote the Progress: Incentives, Exclusives, and Values to Build a More Perfect Creative Culture" Ohio Northern University Law Review Vol. 40 (2014) p. 467 - 510
Available at: http://works.bepress.com/jon_garon/40/