Reading ComprehensionDifficulty: Easy

PT149 S2 P3 Q17 Explanation

Social Norms & Intellectual Property

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

TopicsInferenceLaw

Keep going in LSAT Lab

  • Save & drill this skill build targeted practice sets from questions like this one

  • Video walkthroughs watch every question solved step by step

  • 81 official LSATs as questions, timed sections & full-length tests

Full official LSAT questions are available through LawHub. This page provides LSAT Lab's explanation, strategy, and review tools without republishing the full official question.

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

Inference

Your task

Find what must be true based on what the passage or stimulus states.

Common trap

Answers that are plausible or likely but not actually guaranteed by the text.

Winning move

Keep only the choice the statements fully support — eliminate anything that requires an extra assumption.

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

The question
17.

Which one of the following statements is most strongly supported by information given

Answer choices

  1. Unknown Comparison: more frequent1% picked this

    Intellectual property violations are more frequent among comedians than

    We can't compare the relative frequency of IP violations. Each passage existed in its own world and never quantified what percentage of workers within the industry were affected.

  2. Unknown Comparison: more elaborate8% picked this

    A more elaborate system of social norms has developed among chefs

    We can't compare the complexity of each system of norms. The fact that the author of passage B delved more into enumerating more specific norms than did the author of passage A doesn't give us strong evidence that comedy has a less elaborate system of norms.

  3. Opposite, if anything2% picked this

    Chefs enjoy more significant legal protections of their intellectual property than

    The beginning of passage B says that "recipes are not a form of innovation that is effectively covered by current intellectual property laws. They're rarely patentable and ingredient combos can't be copyrighted". Meanwhile, the beginning of passage A explains that "Copyright is the most relevant body of law; formally, it applies to jokes and comedic routines". So the fact that comedians can use copyright law to protect their jokes / routines (combinations of jokes), whereas chefs can't use copyright for combos of ingredients makes it very hard to support this answer. It almost sounds more like comedians potentially have more significant legal protections of their IP.

  4. Too Strong/Specific2% picked this

    Most comedians and chefs are satisfied with current intellectual

    Too Strong/Specific: most Out of Scope: satisfied with current Neither passage generalizes about whether more than 50% of chefs / comedians are "satisfied" with current IP laws. The fact that a system of social norms has filled in the vacuum caused by a lack of realistic IP law protection suggests that if anything most comedians and chefs do not find current IP laws a satisfactory way of protecting their material.

  5. Correct87% picked this

    Comedians and chefs both derive some professional benefit from observing the social norms

    Why this is right

    The gist of each passage was that because comedians and chefs can't realistically protect their IP with IP law, a system of norms has developed within each industry to protect their IP. As the end of Passage A explains, "these norms are not merely hortatory (suggestive of proper behaviors, but non-binding). They are enforced with sanctions". By observing social norms as a comedian, you avoid getting badmouthed and blacklisted, which benefits you. Also, you contribute to the legitimacy of the system of norms, which means it will also be there to protect your jokes from being stolen. Similarly, chefs observe three implicit social norms and "together these norms function in a manner quite similar to law-based IP systems". Passage B doesn't explicitly mention punishments one would face if they broke any of these norms, but in both passages the basic idea is that comedians and chefs can invest the time it takes to develop IP (like jokes or recipes), with the confidence that their ownership of that IP will be protected by a system of rules. So for the chefs passage, we're getting "benefit" from a common sense application of The Golden Rule ... if you observe the social norms and don't steal other chefs' recipes, then you will also be extended that IP protection by the same system.

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

Continue the review in LSAT Lab

Save this question, watch the video walkthrough, and drill similar questions in your LSAT Lab account.

LSAT Lab

Turn this review into a targeted study plan.

Save this question, drill more like it, watch the video walkthrough, and track your progress in your LSAT Lab account.

Start practicing free