Document Type

Article

Publication Date

2011

Abstract

Are ratings copyrightable? The answer depends on what ratings are. As a history of copyright in ratings shows, some courts treat them as unoriginal facts, some treat them as creative opinions, and some treat them as troubling self-fulfilling prophecies. The push and pull among these three theories explains why ratings are such a difficult boundary case for copyright, both doctrinally and theoretically. The fact-opinion tension creates a perverse incentive for raters: the less useful a rating, the more copyrightable it looks. Self-fulfilling ratings are the most troubling of all: copyright’s usual balance between incentives and access becomes indeterminate when ratings shape reality, rather than vice versa. All three theories are necessary for a complete understanding of ratings.

Journal

14 Vanderbilt Journal of Entertainment and Technology Law 851 (2011).

Disciplines

Intellectual Property Law

Recommended Citation

14 Vanderbilt Journal of Entertainment and Technology Law 851 (2011).