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). …

The article describes the challenges of copyright protection in the digital world. Starting from the observation that … copyright is one of the most disputed regulative systems in the 21st century, it analyses the reasons for the intensity of the … impact copyright law has undergone since computers and Internet access found their way into almost every household. What was …

This paper uses data from an online database of music sampling to estimate the effect of copyright protection on the … that copyright protection causes an upstream work to be used less than half as often as it would if it were in the public … domain after conditioning on upstream-song and downstream-year fixed effects. Placebo regressions in which the copyright …

It is generally understood that the copyright system constrains downstream creators by limiting their ability to use … protected works in follow-on expression. Those who view the promotion of creativity as copyright's mission usually consider this … studies, and art history, this Article argues that contemporary copyright discourse has overlooked constraint's generative …

Copyright law employs a o ... …

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 …

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 …

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 …

After reviewing the standards of secondary liability for copyright and trademark infringement in the online context …