Shall We Dance? When Law and Economics Meets Copyright (original) (raw)

Publishing Research Quarterly, 2021

This paper discusses aspects of economic analysis of law developed because of the status quo existing on the Internet and of the evolution of legal theory on copyright. It also explores the massive increase of interest in the law and economics of intellectual property during the first decade of 21 st century. The paper argues that law and economics discourse on copyright foregrounds policymaking with a focus on copyright's economic ramifications. This paper also examines Coase's theorem and its influence on considerations about copyright regulatory frameworks and potential reform to keep abreast of ongoing technological advancements and their impact on copyright protection in the digital age. I COPYRIGHTED WORKS ON THE INTERNET This paper discusses aspects of economic theory developed under the influence of the status quo existing on the Internet and of the evolution of legal theory on copyright. The emergence of the law and economics movement has captured various segments of policymaking, including the discipline of copyright in law. 1 The roots law and economics has emerged as a significant branch in legal theory with the seminal work of Ronald Coase, Nobel Memorial Prize in Economic Sciences (1960). 2 The literature indicates a massive growth of interest in the law and economics of intellectual property by the beginning of the 21 st century. 3 Economics has a direct effect on copyright, and law and economics discourse on copyright has dominated

The Past and the Future of the Economics of Copyright

The economics of copyright as such has certainly come of age. About 70 years has passed since the very first time that economists gave serious thought to the copyright system, although it has been only during the last 20 years that the literature has flourished. In this paper an overview of the general topic of the economics of copyright is given, and the areas that have already be touched upon are discussed. Then, a speculative answer is attempted to the question of what the near future will hold.

Interdisciplinary research papers: economics of copyright: challenges and perspectives

2013

This article outlines the prominence of economic analysis of copyright, not only within the academic community, but also in the legal practice. The successful cooperation of law and economics in the field of copyright calls for advanced microeconomic analytical skills and a high level of legal understanding of intellectual property. The study highlights the central dilemma between access of copyright users and incentives to authors, by raising important issues under the umbrella of the microeconomics of copyright and macroeconomic consequences of piracy

Economics of copyright: Challenges and perspectives

Mizan Law Review, 2014

Beyond Abstraction, the Law and Economics of Copyright Scope and Doctrinal Efficiency

Uncertainty as to the optimum extent of protection has generally limited the capacity of law and economics to translate economic theory into coherent doctrinal recommendations in the realm of copyright. This article explores the relationship between copyright scope, doctrinal efficiency and welfare from a theoretical perspective to develop a framework for evaluating specific doctrinal recommendations in copyright law.

Economic Analysis of Law : What It is All About ?

2016

Aleksandar Stojkov, Goce Naumovski, & Vasko Naumovski * Abstract This article outlines the prominence of economic analysis of copyright, not only within the academic community, but also in the legal practice. The successful cooperation of law and economics in the field of copyright calls for advanced microeconomic analytical skills and a high level of legal understanding of intellectual property. The study highlights the central dilemma between access of copyright users and incentives to authors, by raising important issues under the umbrella of the microeconomics of copyright and macroeconomic consequences of piracy.

Beyond Efficiency: Consequence-Sensitive Theories of Copyright

Berkeley Technology Law Journal, 2014

A major development in the analysis of copyright in the last two decades has been the emergence of “democratic” theories of cultural expression, challenging the long-standing dominance in this field by normative theories of natural rights and economic efficiency. The central thrust of democratic theories is to emphasize the significance of the expressive activities regulated by copyright law not only for political life, but also for individual selfauthorship and robust engagement by persons in their surrounding culture, to take an active part in social processes of meaning-making. However, a major stumbling block facing democratic theories has been a lack of understanding, by both advocates and skeptics, of how democratic theories relate to rival views in terms of concrete implications for specific questions of copyright law and policy. In particular, democratic (and, as we show, distributive-equity) theories seem to share with economic analysis an attractive attentiveness to the co...

2004

Copyright exhibits means and ends remarkably similar to those of social welfare programs. Yet discussions about copyright do not tend to echo discussions about welfare. This paper examines that interesting contrast. It begins by comparing social welfare policy to copyright policy, uncovering several material parallels. Both welfare and copyright primarily aim to correct the market's failure to sufficiently support a particular class of beneficiaries. Both encourage rights-based claims to the entitlements that they create, too. The welfare system and the copyright system each uses statutory mechanisms to redistribute rights-rights to wealth in the first instance, rights to chattels and persons in the second-from the general public to particular beneficiary classes-the poor and authors, respectively. Each also includes special exceptions designed to avoid inefficient or inequitable redistributions. The charitable gift deduction and other tax code provisions limit the welfare system's scope, whereas copyright law offers fair use and other defenses to infringement claims. Perhaps those and other similarities between welfare and copyright mean little. After considering various critiques, however, the paper concludes that we can learn important lessons from understanding copyright as a statutory mechanism for redistributing rights. Most notably, understanding copyright as a form of authors' welfare suggests the need for, and potential shape of, reforms to end copyright as we know it.

Shall We Dance? When Law and Economics Meets Copyright (original) (raw)

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