Christopher Buccafusco

Forthcoming

How Big is Copyright’s Second Bite?: An Empirical Assessment of Copyright Reversion, Duke Law Journal (forthcoming) (with others)

Books

Happiness and the Law (University of Chicago Press, 2015) (with others)

Articles & Essays

Measuring the Value of Trademark Distinctiveness: Evidence from the Market for Bordeaux Wines, Journal of Empirical Legal Studies (2025) (with others)
Technologies of Violence: Law, Markets, and Innovation for Gun Safety, 103 Texas Law Review 1195-1251 (2025) (with Joseph Blocher)
Trade Secrecy's Information Paradox, 100 Notre Dame Law Review 925-982 (2025) (with others)
Antisocial Innovation, 58 Georgia Law Review 573-661 (2024) (with Samuel N. Weinstein)
Competition and Congestion in Trademark Law, 102 Texas Law Review 437-494 (2024) (with others)
Of Bass Notes and Base Rates: Avoiding Mistaken Inferences About Copying, 61 Houston Law Review 235-260 (2023) (with Rebecca Tushnet)
The Price of Fairness , 84 Ohio State Law Journal 389-491 (2023) (with others)
There's No Such Thing as Independent Creation, and It's a Good Thing, Too, 64 William & Mary Law Review 1617-1676 (2023)
Framing Vaccine Mandates: Messenger and Message Effects, 9 Journal of Law and the Biosciences, article lsac016, 1-19 (2022) (with Daniel J. Hemel)
Pay-to-Playlist: The Commerce of Music Streaming, 12 UC Irvine Law Review 805-866 (2022) (with Kristelia García)
Drugs, Patents, and Well-Being, 98 Washington University Law Review 1403-1460 (2021) (with Jonathan S. Masur)
How Many Latours Is Too Many? Measuring Brand Name Congestion in Bordeaux Wine, 16 Journal of Wine Economics 419-428 (2021) (with others)
Copyright Law, in The Business and Law of Fashion and Retail (Barbara Kolsun & Douglas Hand eds., 2020)
Disability and Design, 95 New York University Law Review 952-1021 (2020)
How Conceptual Art Challenges Copyright's Notions of Authorial Control and Creativity, 43 Columbia Journal of Law & the Arts 375-379 (2020)
The Trump Administration’s Social Security Rules Will Harm Innovation in the Assistive Technology Industry and People With Disabilities, 2020 Cardozo Law Review De-Novo 92-98 (2020) (with Mariel Talmage)
Experiments in Intellectual Property, in Research Handbook on the Economics of Intellectual Property Law 579-604 (Ben Depoorter, Peter Menell & David Schwartz, eds., 2019) (with Christopher Jon Sprigman)
Fixing the Design Patent Bar: New Opportunities for Federal Lawyers, 66 Federal Lawyer 54-59 (2019) (with Jeanne C. Curtis)
Foreword, in The Cambridge Handbook of Copyright in Street Art and Graffiti xiii-xiv (Enrico Bonadio ed., 2019)
Intellectual Property Law and the Promotion of Welfare, in Research Handbook on the Economics of Intellectual Property Law 98-118 (Ben Depoorter, Peter Menell & David Schwartz, eds., 2019) (with Jonathan S. Masur)
The Design Patent Bar: An Occupational Licensing Failure, 37 Cardozo Arts & Entertainment Law Journal 263-298 (2019) (with Jeanne C. Curtis)
Analysing the Law’s Effects on Human Well-Being: A Comparative Perspective, 13 Journal of Comparative Law 2-20 (2018) (with others)
Intelligent Design, 68 Duke Law Journal 75-139 (2018) (with others)
Preserving Film Preservation from the Right of Publicity, 2018 Cardozo Law Review De-Novo 1-12 (2018) (with others)
Fashion's Function in Intellectual Property Law, 93 Notre Dame Law Review 51-108 (2017) (with Jeanne C. Fromer)
Forgetting Functionality, 166 University of Pennsylvania Law Review Online 119-126 (2017) (with Jeanne C. Fromer)
Functionality Screens, 103 Virginia Law Review 1293-1377 (2017) (with Mark A. Lemley)
The Nature of Sequential Innovation, 59 William & Mary Law Review 1-79 (2017) (with others)
Well-Being and Public Policy, in Oxford Handbook of Law and Economics 381-401 (Francesco Parisi ed., 2017) (with others)
A Theory of Copyright Authorship, 102 Virginia Law Review 1229-1295 (2016)
Authorship and the Boundaries of Copyright: Ideas, Expressions, and Functions in Yoga, Choreography, and Other Works, 39 Columbia Journal of Law & the Arts 421-435 (2016)
Copyright in the Kitchen: Exploring Protection for Recipes and Dishes, 9 Landslide 44-48 (2016) (with Jonathan Yellin)
Innovation Heuristics: Experiments on Sequential Creativity in Intellectual Property, 91 Indiana Law Journal 1251-1307 (2016) (with others)
Testing Tarnishment in Trademark and Copyright Law: The Effect of Pornographic Versions of Protected Marks and Works, 94 Washington University Law Review 341-421 (2016) (with others)
The Moral Psychology of Copyright Infringement, 100 Minnesota Law Review 2433-2507 (2016) (with David Fagundes)
Intellectual Property Law and Recipes, in The SAGE Encyclopedia of Food Issues (Ken Albala ed., 2015)
Experimental Tests of Intellectual Property Laws' Creativity Thresholds, 92 Texas Law Review 1921-1979 (2014) (with others)
Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law, 87 Southern California Law Review 275-334 (2014) (with Jonathan S. Masur)
Do Bad Things Happen When Works Enter the Public Domain?: Empirical Tests of Copyright Term Extension, 28 Berkeley Technology Law Journal 1-43 (2013) (with Paul J. Heald)
Well-Being Analysis vs. Cost-Benefit Analysis, 62 Duke Law Journal 1603-1689 (2013) (with others)
What's a Name Worth?: Experimental Tests of the Value of Attribution in Intellectual Property, 93 Boston University Law Review 1389-1435 (2013) (with others)
Making Sense of Intellectual Property Law, 97 Cornell Law Review 501-548 (2012)
Book Reviews, 29 Law and History Review 642-644 (2011) (reviewing David H. Kaye, The Double Helix and the Law of Evidence (2011))
The Creativity Effect, 78 University of Chicago Law Review 31-52 (2011) (with Christopher Jon Sprigman)
Retribution and the Experience of Punishment, 98 California Law Review 1463-1496 (2010) (with others)
Valuing Intellectual Property: An Experiment, 96 Cornell Law Review 1-45 (2010) (with Christopher Jon Sprigman)
Welfare as Happiness, 98 Georgetown Law Journal 1583-1641 (2010) (with others)
Describing the Effect of Adaptation on Settlement, 109 Columbia Law Review Sidebar 21-30 (2009) (with others)
Happiness and Punishment, 76 University of Chicago Law Review 1037-1081 (2009) (with others)
Hedonic Adaptation and the Settlement of Civil Lawsuits, 108 Columbia Law Review 1516-1549 (2008) (with others)
On the Legal Consequences of Sauces: Should Thomas Keller’s Recipes Be Per Se Copyrightable?, 24 Cardozo Arts & Entertainment Law Journal 1121-1156 (2007)
Gaining/Losing Perspective on the Law, or Keeping Digital Evidence in Perspective, 58 University of Miami Law Review 609-651 (2004) (reprinted in Popular Culture and Law (Richard K. Sherwin, ed., 2006)

Newspaper Articles and Commentary

Copyright Maximalism for the Public Good?, JOTWELL (June 11, 2025) (reviewing Benjamin Sobel, Copyright Accelerationism, 100 Chicago Kent Law Review (forthcoming 2025))
A Matter of Respect: It’s Time for Atlanta To Embrace a Shift in the Braves Name, Sports Business Journal (April 30, 2025) (with Marty Buccafusco)
Instead of Gun Regulation, Let’s Try Innovation, The Hill (July 7, 2024) (with Joseph Blocher)
The Textualist Supreme Court Misreads the Copyright Act Once Again, JOTWELL (June 18, 2024) (reviewing Peter Karol, What's The Use? The Structural Flaw Undermining Warhol v. Goldsmith, Journal of the Copyright Society (forthcoming 2024))
How Copyright Is Killing Creativity — Except Taylor Swift’s, The Hill (May 20, 2024) (with Glynn S. Lunney, Jr.)
Can Neuroscience Fix Trademark Surveys?, JOTWELL (June 7, 2023) (reviewing Zhihao Zhang, Maxwell Good, Vera Kulikov, Femke van Horen, Mark Bartholomew, Andrew S. Kayser & Ming Hsu, From Scanner to Court: A Neuroscientifically Informed "Reasonable Person" Test of Trademark Infringement, 9 Science Advances 1 (2023))
How Ed Sheeran's Serenade May Have Swayed the Jury, Law360 (May 5, 2023)
Synthesizing Seclusion Law, JOTWELL (August 1, 2022) (reviewing Sonia Katyal & Charles Graves, From Trade Secrecy to Seclusion, 109 Georgetown Law Journal 1337 (2021))
Profiting off Infringement, JOTWELL (July 29, 2021) (reviewing Kristelia Garcia, Monetizing Infringement, 54 UC Davis Law Review 265 (2020))
Spotify’s Discovery Mode is Payola, Just Not the Bad Kind, Billboard (June 18, 2021) (with Kristelia García)
Viral Sea Shanties on TikTok Expose America’s Broken Copyright System, Business Insider (January 31, 2021)
Cleveland Baseball Team, You’re Out of Excuses – Drop Offensive Team Name Now, The Undefeated (December 21, 2020) (with Natalie Welch)
Sports Teams Were Silent on Indigenous Peoples’ Day, Indian Country Today (October 16, 2020) (with Natalie Welch)
Teams Must Do More Than Ban Native American Headdresses, Offensive Gestures, The Undefeated (August 27, 2020) (with Natalie Welch)
The Price of Novelty and the Novelty of Price, JOTWELL (April 16, 2020) (reviewing Nicholson Price II, The Costs of Novelty, Columbia Law Review (forthcoming 2020))
Discovery, Cannibalization, or Both: How Digitization Affects Demand for Physical Copies, JOTWELL (April 16, 2019) (reviewing Abhishek Nagaraj & Imke Reimers, Digitization and the Demand for Physical Works: Evidence from the Google Books Project (2019))
USPTO Should Fix Costly and Biased Design Patent Bar Rules, Law360 (October 5, 2018) (with Jeanne Curtis)
The Blurred Lines of Copyright Law Are Limiting Musical Creativity, The Recorder (May 14, 2018)
When Social Norms for Innovation Don’t Maximize Social Welfare, JOTWELL (April 30, 2018) (reviewing Stephanie Plamondon Bair & Laura G. Pedraza-Fariña, Anti-Innovation Norms, 112 Northwestern University Law Review 1069 (2018))
Unevenly Cooked: Raw Materials and Fair Use, JOTWELL (May 26, 2017) (reviewing Andrew Gilden, Raw Materials and the Creative Process, 104 Georgetown Law Journal 355 (2016))
How Do Creators Respond to Risk?, JOTWELL (April 12, 2016) (reviewing Andres Sawicki, Risky IP, University of Miami Legal Research Paper No. 16-18 (2016))
Who Deserves Those 4 Inches of Airplane Seat Space? An Investigation Into the Economics of Reclining, Slate (September 23, 2014) (with Christopher Jon Sprigman)

Directory

Bibliography

Forthcoming

Books

Articles & Essays

Newspaper Articles and Commentary