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The doctrine of fair use allows limited copying of creative works based on the rationale that copyright holders would consent to such uses if bargaining were possible. This paper develops a formal model of fair use in an effort to derive the efficient legal standard for applying the doctrine....
Persistent link: https://www.econbiz.de/10005518214
Copyright operates under a hidden, erroneous assumption: heirs matter in copyright. This Article examines the possible historical and theoretical bases for the heirs assumption and finds that neither supports it. In short, the assumption is a myth that harms copyright policy and ignores a less...
Persistent link: https://www.econbiz.de/10014046791
US education policy encourages the use of computers and the Internet at both the college and high school levels. As a consequence, students have had better access to technologies to illicitly share copyrighted music, causing a decline in sales from the traditional music store retail channel....
Persistent link: https://www.econbiz.de/10012730185
We examine the interrelationships between firms' efforts to leverage different types of intellectual property (IP) rights. While prior research has tended to view different forms of intellectual property as substitutes, we argue that they can also be viewed as complements. We motivate this...
Persistent link: https://www.econbiz.de/10012708032
Copyright is no longer a matter of promoting the progress of science in the words of the U.S. Constitution. It is now more than ever before a matter of trade. Furthermore, under the WTO's TRIPS Agreement, we now have a global copyright (Gcopy;) regime. The globalization of copyright law...
Persistent link: https://www.econbiz.de/10012746869
Copyright legislation has been amended in many countries to provide legal protection to access- and use-controlling technology. Canada is considering similar provisions in Bill C-60. This article examines the policy issues that arise when copyright law, in conjunction with anticircumvention...
Persistent link: https://www.econbiz.de/10012754495
The ambiguity of the empirical results on the relationship between copyright and creativity calls for a better theoretical understanding of the issue, possibly enlarging the analysis to other factors such as technology and copyright enforcement. This paper addresses these complex policy issues...
Persistent link: https://www.econbiz.de/10012816228
A Standing Committee of Canada's House of Commons recently conducted a statutorily mandated review of the Canadian Copyright Act, culminating in a final report that was released in June 2019. This Comment provides an overview of the context, substance, and significance of this surprisingly...
Persistent link: https://www.econbiz.de/10012846536
Persistent link: https://www.econbiz.de/10012849223
This paper uses data from an online database of music sampling to estimate the effect of copyright protection on the cumulative use of music. Using unique panel data that links upstream and downstream music, I use regression analysis to examine the rates at which early twentieth-century musical...
Persistent link: https://www.econbiz.de/10012855064