This article examines the rules and practices of waiting in line as a system of informal order, showing that despite its reputation for drudgery, the queue offers rich insights about social norms and the psychology of cooperation. The article begins by investigating the implicit customs of physical waiting in line, uncovering the surprisingly complex unwritten rules (and exceptions) that give queues stability even in the absence of legal governance or state enforcement. Yet the prevailing norms literature typically explains informal order by reference to close‐knit groups that can impose sanctions on violators of extralegal rules. This raises a puzzle: Why do queue norms repeatedly produce informal, yet reliable, order among total strangers unlikely to interact again? This article answers this question by looking to social‐psychological research showing that people tend to be strong reciprocators rather than selfish utility maximizers. This model makes sense of both our tendency to defer to line norms as well as the disproportionate sanctions with which defectors from these norms meet.
For nearly two hundred years, U.S. copyright law has assumed that owners may voluntarily abandon their rights in a work. But scholars have largely ignored copyright abandonment, and the case law is fragmented and inconsistent. As a result, abandonment remains poorly theorized, owners can avail themselves of no reliable mechanism to abandon their works, and the practice remains rare. This Article seeks to bring copyright abandonment out of the shadows, showing that it is a doctrine rich in conceptual, normative, and practical significance. Unlike abandonment of real and chattel property, which imposes significant public costs in exchange for discrete private benefits, copyright abandonment is potentially costly for rights holders but broadly beneficial for society. Nonetheless, rights holders—ranging from lauded filmmakers and photographers to leading museums and everyday creators—make the counterintuitive choice to abandon valuable works. This Article analyzes two previously untapped resources to better understand copyright abandonment. First, we survey four decades U.S. Copyright Office records, demonstrating both the motivations for abandonment and the infrequency of the practice. Second, we examine every state and federal copyright abandonment case, a corpus of nearly 300 decisions. By distilling this body of law, this Article distinguishes abandonment from a set of related doctrines and reveals the major fault lines in judicial application of the abandonment standard. Finally, we highlight the potential of abandonment to further copyright’s constitutional aims by suggesting a series of reforms designed to better align copyright holder incentives with the public good.
Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the clown egg register and its surrounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller derby skaters, tattoo artists, and other subcultures—have developed an elaborate informal scheme in lieu of state- created copyright or trademark law to regulate their creative production. Second, this Article explores a rarer phenomenon in the norm-based IP context: formalized registration related to norm-based ownership rules. It shows that the Register exists not only to support those rules, but also serves a host of non- exclusion functions, including expressing members’ professionalism, conferring a sense of prestige, and creating a historical record. Finally, this Article shows how its analysis of the Clown Egg Register offers lessons for the study of registers in the context of tangible and intellectual property alike.
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