Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Economies Of Desire: Fair Use And Marketplace Assumptions, Rebecca Tushnet
Economies Of Desire: Fair Use And Marketplace Assumptions, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
At the moment that “incentives” for creation meet “preferences” for the same, the economic account of copyright loses its explanatory power. This piece explores the ways in which the desire to create can be excessive, beyond rationality, and free from the need for economic incentive. Psychological and sociological concepts can do more to explain creative impulses than classical economics. As a result, a copyright law that treats creative activity as a product of economic incentives can miss the mark and harm what it aims to promote. The idea of abundance—even overabundance—in creativity can help define the proper scope of copyright …
Copyright, Commodification, And Culture: Locating The Public Domain, Julie E. Cohen
Copyright, Commodification, And Culture: Locating The Public Domain, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
The relationship between increased commodification and the public domain in copyright law is the subject of considerable controversy, both political and theoretical. The paper argues that beliefs about what legal definition the public domain requires depend crucially on implicit preconceptions about what a public domain is. When considered in broader historical context, the term public domain has a specific set of denotative and connotative meanings that constitute the artistic, intellectual, and informational public domain as a geographically separate place, portions of which are presumptively eligible for privatization. This idea meshes well with the current push toward commodification in copyright. The …