Reading ComprehensionDifficulty: Hard

PT149 S2 P3 Q19 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
19.

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

Answer choices

  1. Correct53% picked this

    The social norms that are operative among comedians make it possible for individual comedians to recoup the costs associated

    Why this is right

    The author establishes in her second paragraph the typical understanding of intellectual property: if people can't be secure in the idea that they will be able to control (and monetize) the fruits of their creative labor, then they won't continue to innovate. At the beginning of the 3rd paragraph of Passage A, the author affirms that the social norms used by comedians "substitute for IP law". And in her final sentence, she affirms that by using this system of social norms, comedians are able to maintain substantial incentives to invest in new material. What incentives are we talking about? Money! In the second paragraph the author is saying that "if you didn't have legal protection for your material, potential creators would be deterred by the unlikelihood of recouping the cost of their creations." So if comedians seem to find the social norms a satisfactory way of protecting their material and if they seem to be willing to invest in new material, then it's supportable to say that under the social norms system, they are able to recoup the costs of their creations.

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

  2. Opposite1% picked this

    Comedians should increase their reliance on copyright law as a means of protecting

    The author seems impressed and content with the effectiveness of the social norms system. She isn't agitating comedians to use copyright law instead. The end of her 1st paragraph indicates that she's sympathetic with the futility of going the copyright law route: it simply does not provide comedians with a cost-effective way of protecting their material. And the beginning of her 3rd paragraph attests to the success of the social norm system: social norms substitute for intellectual property law. In her final sentence, she says that "using this informal system, comedians are able to [get the stuff they would normally get out of legal IP protection]."

  3. Too Strong: most4% picked this

    Most professional comedians are largely unconcerned with the expense involved in developing

    Not only does this cut against the gist of paragraph 2, but it's more specific than the author ever got. We could say that most comedians don't use copyright law, since the author quantified that it's almost never used, and we could say that most comedians don't want their jokes to be stolen (since she generalized about comedians), but we can't find any line reference that allows us to say more than 50% of professional comedians are largely unconcerned with the expense of writing new material.

  4. Unknown Comparison19% picked this

    Law-based intellectual property systems generally work less efficiently than systems based

    The author seems to think that for comedians the social norms system is nicely playing the role that a law-based IP system would have played (in a more economically realistic way). But we can't say she would sign off on the idea that GENERALLY this is the case. She might think that when it comes to software, biotech, energy, etc. that law-based IP systems work at least as well (or presumably better) than social norm systems.

  5. Out of Scope: should be modified23% picked this

    Existing copyright law should be modified to make it more cost effective for comedians to protect their comedic

    The author sympathizes in the first paragraph with why comedians would find the existing copyright law system an impractical source of remedy, both because the money you have to spend to bring a lawsuit outweighs the amount of money comedians are typically making, and because it's very hard to prove someone stole your joke. But she's not necessarily blaming the existing copyright law system or suggesting that it should be changed to cater to comedians.

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