U.S. intellectual property law is firmly rooted in utilitarian principles. Copyright law is viewed as a means to give … proper monetary incentives to authors for their creative effort. Many European copyright systems pursue additional goals … moral rights protection should differ across the Atlantic and whether a purely profit-based theory of copyright law is …

creativity (focusing on patent, trade secret, and copyright protection) and protecting integrity of the commercial marketplace … copyright law and direct consumer protection statutes and public enforcement in the case of trademarks). …

Twenty one years ago, copyright died. More accurately, it was killed. In 1996, in ProCD v. Zeidenberg, Judge … preempted by the Copyright Act and therefore enforceable. The reaction among copyright scholars was swift and passionate. In …, the results would be dire. Through contracts, the rights of copyright owners would run amok, expand, and in doing so they …

authorship and ownership – of privilege and property.This volume conceives a new history of copyright law that has its roots in a … digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC) …

The well-known “access-incentives” tradeoff that lies at the heart of the standard economic analysis of copyright … follows largely from the assumption that copyright turns authors into monopolists. If one instead analyzes copyright through a … increasing producer appropriability and profit, increased copyright protection can stimulate entry of competitors producing …

The great expansion of EU copyright law has paved the way for several rightholders' abusive or dysfunctional conducts … decisions, and finds its way from civil codes to copyright in a number of national courts' precedents. Due to the paradigm shift … towards a market-oriented and industry-based inspiration, EU copyright seems now to be open to admitting the possibility of …

difficult to apply. It is, at the same time, vitally important in copyright and perhaps the most frequently raised and litigated … integral part of copyright's sorting mechanism for, on the one hand, granting authors intellectual property rights based on … exception for costly transactions, but rather as a central feature of the copyright system that ensures productive efficiency …