Eli Salzberger, LAPA Fellow and University of Haifa

The Law and Economics Analysis of Intellectual Property: Paradigmatic Shift From Incentives to Traditional Property

Mon, 11/09/2009
4:30-6 PM, Kerstetter Room, Marx Hall
Event Category: 

We hope you will join us for the third LAPA Seminar of 2009-2010, with LAPA Fellow Eli Salzberger, Dean of the Faculty of Law at the University of Haifa.  The title of his talk is "The Law and Economics Analysis of Intellectual Property: Paradigmatic Shift From Incentives to Traditional Property."   His commentator will be Joel R. Reidenberg, Professor of Law and the founding Director of the Center on Law and Information Policy at Fordham University Law School.

As always, the LAPA format asks that seminar participants familiarize themselves with the paper in advance. The commentator will open the session by summarizing the main themes in the paper and presenting some topics for discussion. The author then has the right of first response before we open to the floor for questions. The seminar will end with a brief reception in the Kerstetter Room, giving everyone a chance to mingle and meet.

For people planning to attend the seminar, an electronic copy of Professor Salzberger's paper is available upon email request (jrivkin@princeton.edu), or you may pick up a hard copy during regular business hours in 416A Robertson Hall.

Professor Salzberger writes: "The value of intellectual property today exceeds the value of physical property and Intellectual property rights are on a continuous path of expansion (with the commodification of information). These developments beg a serious discussion, revisiting the philosophical justifications of IPR, especially in light of the technological revolution of the Internet and related technologies.  One of the more powerful contemporary discourses on such justifications is the economic approach. The paper provides a critical analysis of what used to be the main Law and Economics paradigm for the normative analysis of intellectual property rights - the incentives / public goods model.  It further discusses an alternative economic model - the Tragedy of the Commons, which in recent years has been twisted to a new Propriety paradigm, pre-assuming intellectual creations to be a natural object of property, and focusing on the management of intellectual property rather than on its initial justifications.  The papers ends with some tentative thoughts on the more general concept of the prime property right of ownership."

Eli Salzberger is the 2009-2010 Microsoft/LAPA Fellow.  He is the Dean of the Faculty of Law at the University of Haifa, and a graduate of the Hebrew University Faculty of Law (first in class).  Salzberger clerked for Chief Justices Aharon Barak and Dorit Beinish. He wrote his doctorate at Oxford University on the economic analysis of the doctrine of separation of powers.  His research and teaching areas are legal theory and philosophy, economic analysis of law, legal ethics, cyberspace and the Israeli Supreme Court.  His latest book (co-authored with Niva Elkin-Koren) is Law, Economic and Cyberspace (Edward Elgar 2004) and another book with the same co-author on the Limits of Analysis: Economic Analysis of Intellectual Property is forthcoming.  He is the President of the European Association of Law and Economics, was a member of the board of directors of the Association for Civil Rights in Israel; a member of the public council of the Israeli Democracy Institute and of a commission for reform in performers' rights in Israel.  He was awarded various grants and fellowships, among them Rothschild, Minerva, GIF, ISF, Fulbright, ORS and British Council.  At LAPA his research will focus on the role of the judiciary in the economic theory of the state and on the law and economics of intellectual property.

Joel R. Reidenberg is Professor of Law and the founding Director of the Center on Law and Information Policy at Fordham University Law School. He is an expert on information technology law and policy. His scholarship has appeared in many leading law journals. In addition, he has published widely in Europe and is a co-author of three leading books and monographs on international data privacy law. Professor Reidenberg has testified before the U.S. Congress on data privacy issues, served as a consultant to both the Federal Trade Commission and the European Commission, and served as a Special Assistant Attorney General for the State of Washington in connection with privacy litigation. Prior joining the Fordham law faculty, he practiced law in Washington, DC, and also served as a member of several advisory panels for the U.S. Congress Office of Technology Assessment. He received his Ph.D.  from Universit√© de Paris-Sorbonne, his J.D. from Columbia University School of Law, and A.B. from Dartmouth College.