In the platform age, copyright-protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analog age. One of these challenges is related to the fair balance between the interests of...

The assertion that a 'license' is simply a 'contract not to sue' has become a commonplace in both copyright and patent law. I argue that this notion is conceptually flawed, and has become a straightjacket channeling juristic reasoning into unproductive channels. At root, a license is not a...

This chapter provides a comprehensive survey of the burgeoning literature on the law and economics of intellectual property. It is organized around the two principal objectives of intellectual property law: promoting innovation and aesthetic creativity (focusing on patent, trade secret, and...

Intellectual property rights are fundamental to how economies organize innovation and steer the diffusion of knowledge. Copyright law, in particular, has developed constantly to keep up with emerging technologies and the interests of creators, consumers, and intermediaries of the different...

It has long been disputed in Europe under which conditions collective agreements on the re-muneration of copyright holders are compatible with the ban on anti-competitive agreements in Article 101 TFEU. Privileging certain copyright licensing agreements, the European Commis-sion’s 2022...

Human-created works represent critical data inputs to artificial intelligence (AI). Strategic behaviour can play a major role for AI training datasets, be it in limiting access to existing works or in deciding which types of new works to create or whether to create new works at all. We examine...

We investigate whether patents that are jointly held by legally independent companies help sustain product-market collusion. We use a simple model of repeated interactions to show that joint patents can serve collusive purposes. Our model generates two testable predictions: when joint patents...

NBC Universal's decision to use Creative Commons-licensed photographs in an Olympic broadcast is an example of how media conglomerates are experimenting with collaboration with amateurs, but it also reveals potential problems of letting nonlawyers negotiate copyright licensing agreements. In the...

To date, the majority of the debate surrounding a RAND licensing promise (for reasonable and non-discriminatory licensing) made in the context of standard setting has focused on what the "R" means; far less attention has been given to what is implied by the "ND". Not surprisingly, then, some...

The innovation impact of intellectual property compulsory licenses - government-imposed access without the authorization of the property owner - has generated great interest in the academic literature. Moreover, recent measures by the governments of Thailand and Brazil have generated increased...