When a terrestrial radio station plays a song during its over-the-air broadcast, the artists and their record labels receive no compensation for the sound recording right. Yet radio's digital competitors — including streaming services and satellite radio — do pay performance royalties to...

Copyright provides broad protection for artists and creators, but these rights are not without limit. In the United states, for instance, the U.S. Copyright Act permits the “fair use” of copyrighted works without infringing under certain circumstances. Other nations overwhelmingly employ the...

I present a brief argument against both the use of the “monopoly” terminology for copyright and the related claim that copyright is incompatible with laissez-faire capitalism. To do so, I appeal to authority by looking at the writings of arguably the three most respected and vocal advocates...

In practice, copyright is treated by economists and analysts as a tradeoff between monopoly and the incentive to create new works. This tradeoff is between stark opposites – power and innovation. Yet, in reality, copyrighted works face numerous close substitutes. In this paper, we formally...