62 UCLA L. Rev. 1328 (2015)
Faith-Based Intellectual Property

handle is hein.journals/uclalr62 and id is 1335 raw text is: 

Faith-Based Intellectual Property
Mark A. Lemley


The traditional justification for intellectual property (IP) rights has been utilitarian.
We grant exclusive rights because we think the world will be a better place as a result.
But what evidence we have doesn't fully justify IP rights in their current form. Rather
than following the evidence and questioning strong IP rights, more and more scholars
have begun to retreat from evidence toward what I call faith-based IP, justifying IP as a
moral end in itself rather than on the basis of how it affects the world. I argue that these
moral claims are ultimately unpersuasive and a step backward in a rational society.


William H. Neukom Professor, Stanford Law School; partner, Durie Tangri LLP.
Thanks to Dan Burk, Michael Burstein, Brett Frischmann, Paul Geller, Rose Hagan,
David Nimmer, Lisa Larrimore O uellette, Mark McKenna, Peter Menell, Seana Shiffrin,
Tim Wu, and participants at the Melville Nimmer Memorial lecture at UCLA Law
School and a debate at Stanford Law School for comments on an earlier draft. Thanks
to Madeleine Laupheimer for research assistance.

62 UCLA L. REv. 1328 (2015)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?