Defending intellectual property: State efforts to protect creative works

Abstract

We examine state efforts to protect intellectual property. In particular, we assess two alternative hypotheses relating to these efforts: the intellectual property protection argument, which predicts an increasing amount of law aimed at protecting intellectual property from unauthorized use; and the intellectual property access argument, which predicts little growth in law aimed at protecting intellectual property but considerable growth in law aimed at providing access to it. Focusing on copyright law, we consider legislative action dealing with copyright between 1949 and 1992, efforts to enforce copyright law as a whole between 1955 and 1993, and efforts to enforce copyright law in one sphere between 1985 and 1994. Our analysis provides mixed support for the intellectual property protection argument. Federal legislators increasingly sought to pass laws protecting creative works, and their efforts intensified over the last decade. On the other hand, federal officials were less than aggressive in enforcing the law; although the courts were diligent in processing cases of copyright infringement, officials exhibited diminished initiative in bringing such cases to court. Local officials, however, seemed to become far more active in prosecuting cases.