Reading ComprehensionDifficulty: Easy

PT149 S2 P3 Q16 Explanation

Social Norms & Intellectual Property

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

TopicsAuthor OpinionLaw

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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

Author Opinion

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
16.

The author of passage A would be most likely to agree with which one of

Answer choices

  1. Too Strong: rarely5% picked this

    Comedians rarely acknowledge the degree to which their own comedic material is influenced by the

    This isn't any moment in the passage where the author is saying "most comedians don't appreciate enough how much their material is influenced by others". Influence ≠ joke-stealing, by the way, so this is really drifting out of scope.

  2. Correct86% picked this

    Comedians would be more likely to protect their comedic material through copyright law if they had greater assurance that they could successfully bring infringement

    Why this is right

    This answer has the classic "Flip the Causal Difference-Maker" form. For example, if the passage said, "Marie never felt like she belonged in her group of friends, because she was the only one with red hair", then a supportable (though not must-be-true) inference is something like, If the Causal Difference-Maker (red hair) were absent, then the Effect (feeling like she didn't belong) would be less present. Maria would be more likely to feel like she belonged if her hair were a color besides red. Passage A told us in the first paragraph that there were two big reasons why comedians don't use copyright law to protect their material: - it's very expensive - it's pretty hard to win a case (legal hurdles that make success difficult and uncertain in lawsuits relating to joke stealing) So this answer is flipping that and saying, "If it success weren't so uncertain, then they'd be more likely to use copyright law". An interchangeably correct answer could have said, "If the cost of enforcing copyright law weren't prohibitively expensive, then more comedians would use copyright law".

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

  3. Out of Scope: trade secrecy law1% picked this

    Creative rights to jokes and comedic routines should be protected by trade secrecy law rather

    We never hear about trade secrecy law until Passage B.

  4. Opposite5% picked this

    The system of social norms operative among comedians is not robust enough to allow comedians to be properly compensated for the expenses they

    The author of Passage A seems to be impressed by the effectiveness of the system of social norms, whereas this answer choice makes it sound he's disappointed in it. The final sentence of Passage A says that "Using this informal system (of social norms), comedians are able to .... maintain substantial incentives to invest in new material", which indicates that they are properly compensated for their expenses in developing new material.

  5. Opposite3% picked this

    In the particular context of stand-up comedy, no informal system for protecting intellectual property can be as effective

    The author of Passage A seems to be impressed by the effectiveness of the informal system of social norms, whereas this answer choice makes it sound he's disappointed in it. The first sentence of Passage A's final paragraph says that "even though there's no effective legal (formal) protection again joke theft ... social norms substitute for intellectual property law. Taken as a whole, this norms system [basically] parallels the formal copyright system." And the final sentence of Passage A again affirms that this system of norms is doing quite well at being an effective enforcement mechanism of IP protection.

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