Reading ComprehensionDifficulty: Hard

PT149 S2 P3 Q14 Explanation

Social Norms & Intellectual Property

A free, expert breakdown of this official LSAT Reading Comprehension question.

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Passage

Passage A Comedians are not amused when their jokes are stolen, and for that reason we might expect joke-stealing disputes to ripen into lawsuits occasionally. Copyright is the most relevant body of law; formally, it applies to jokes and comedic routines. Yet copyright infringement lawsuits between rival comedians are all but unheard copyright law simply does not provide comedians with a cost-effective way of protecting their comedic material.

Conventional intellectual property wisdom holds that absent formal legal protection, there would be scant production of creative works, as potential creators would be deterred by the unlikelihood of recouping the cost of their creations. If there is no effective legal protection against comedians keep cranking out new material night after night?

The answer to this question is that, in stand-up comedy, social norms substitute for intellectual property law. Taken as a whole, this norms system governs a wide array of issues that generally parallel those ordered by copyright law. These norms are not merely hortatory. They are enforced with sanctions, including simple badmouthing use and transfer, impose sanctions on transgressors, and maintain substantial incentives to invest in new material.

Passage B Accomplished chefs consider their recipes to be a very valuable form of intellectual property. At the same time, recipes are not a form of innovation that is effectively covered by current intellectual property laws. Recipes are rarely patentable, and combinations of ingredients cannot be copyrighted. Legal protections are potentially available these norms function in a manner quite similar to law-based intellectual property systems.

First, a chef must not copy another chef’s recipe innovation exactly. The function of this norm is analogous to patenting in that the community acknowledges the right of a recipe inventor to exclude others from practicing his or her invention, even if all the information required to do so is publicly available. as the authors of that information. This norm operates in a manner analogous to copyright protection.

What this question is testing

Locate Detail

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
14.

Passage A, but not passage B,

Answer choices

  1. Mentioned in B5% picked this

    the relationship of social norms to intellectual

    The first few sentences of Passage B sum up the available legal protections for the intellectual property of recipes. Then the last sentence of that paragraph say that, "[Chefs very seldom use the trade secrecy laws they could]. Instead, three implicit social norms are operative."

  2. Out of Scope: evolution3% picked this

    the evolution of social

    Both passages talk about how norms in a given industry (comedy / cooking) work in place of intellectual property laws. Neither passage talks about how those norms have grown to change over time.

  3. Correct64% picked this

    the enforcement of social

    Why this is right

    In the final paragraph of Passage A, the 3rd and 4th sentences say, These norms are not merely hortatory. They are enforced with sanctions, including simple badmouthing and refusals to work with an offending comedian. Passage B never talks about how the norms are enforced. What happens if you copy a chef's recipe exactly? What happens if you pass information a chef revealed to you to others without their permission, or if you fail to give proper credit to developers of significant recipes? That passage never lists any consequences like badmouthing / blacklisting, etc.

    Skill tested: Locate Detail · how this choice captures the passage's function is the move to repeat next time.

  4. Supported by Both / Neither2% picked this

    the limitations of social

    This answer, honestly, reads a bit ambiguously. By limitations of social norms, does this mean the way in which social norms limit the behavior of comics / chefs? If so, then both passages cover this, since both passages list out some of the ways in which a comic or chef is limited by norms against copying. If limitations of social norms mean "where can we see that there's clearly a limit to how much protection can be afforded by social norms", then neither passage discussed.

  5. Discussed by Both26% picked this

    the impact of social norms on

    This answer is a little frustrating because there's more explicit discussion in Passage A. The 2nd paragraph of A is talking about how creative output would suffer if intellectual property does not enjoy formal legal protection. And then the 3rd paragraph reveals that social norms substitute for intellectual property law. So the impact of social norms on creative output is seemingly similar to that formal legal protection. Passage B implies the exact same sentiment about the impact of norms on safeguarding intellectual property relating to recipes. It sounds like chefs, in absence of realistic formal legal protection, do not see their creative output go down, because social norms play the role of upholding their intellectual property rights. Even though it seems like Passage A more explicitly discusses create output ("scant production of creative works"), it never spells out the impact of social norms on creative output. We can infer what impact those norms would presumably have, but we can make the same inference in Passage B. Meanwhile, with the correct answer, we're explicitly told about enforcement of norms in comedy and we don't have any way to infer how norms in cooking are enforced.

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