When Should We Recognize Something as a Property Right?

America has historically led the way in intangible property rights. We were the first country to recognize copyright and patents in our constitution and became the first to recognize trade secrets as protectable assets in 1868. Property rules assume that the rights-holder has superior knowledge about how to use the property— when to share, when to exclude, and when to sell—and would do so without causing significant problems for others.
Some see IP as a barrier to the free dissemination of ideas, art and inventions. Others argue that IP rights ensure control and appropriate returns for creators while unleashing an economic and creative engine that delivers trillions of dollars in value, high-quality jobs, life-saving medicines, and breathtaking works of beauty and ingenuity that wouldn’t otherwise exist.
As modern debates swirl around everything from whether using copyrighted works to train generative AI should count as ‘fair use’, to whether medical diagnostic methods, business models and other abstract ideas should be patentable as they are overseas, to whether we should adopt European-style rules that treat privacy and data as a quasi-proprietary right or extend “rights of publicity” in the era of AI, this gathering of astute legal minds will return to first principles to explore a deceptively simple-sounding question: when should we recognize something as a property right?
Join us for a deep dive into history, philosophy, and economics to understand some of the legal and policy dilemmas of our time, and whether and when expanding property rights is the answer.Featuring:

Alden F. Abbott, Senior Research Fellow, Mercatus Center, George Mason University; Former General Counsel at the Federal Trade Commission (FTC)
Prof. Jane Bambauer, Professor of Law and Journalism, University of Florida
Jeffrey E. Depp, Senior Counsel for Law and Policy, Committee for Justice
(Moderator) Satya Marar, Postgraduate Research Fellow, Mercatus Center, George Mason University