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Full-Text Articles in Law
Copyright, Derivative Works, And The Economics Of Complements, Glynn S. Lunney, Jr.
Copyright, Derivative Works, And The Economics Of Complements, Glynn S. Lunney, Jr.
Vanderbilt Journal of Entertainment & Technology Law
From an economic perspective, copyright is irrational. In defining the scope of a copyright owner's exclusive rights, it treats situations that have similar economic consequences differently, as infringement in one case and not in the other, and situations that have radically different economic consequences similarly. This essay explores such area in which copyright exhibits economic irrationality: Copyright's treatment of complements. Where a lower price on a substitute reduces demand for the original, a lower price on a complement increases it. So defined, copyright addresses whether a copyright owner will control three different types of complements: (i) complementary products, such as …
Transformative Use And Cognizable Harm, Thomas F. Cotter
Transformative Use And Cognizable Harm, Thomas F. Cotter
Vanderbilt Journal of Entertainment & Technology Law
In recent years, the question of whether the unauthorized use of a copyrighted work is "transformative" has become a dominant consideration in determining whether the use is fair or unfair. As critics have pointed out, however, this emphasis on transformative use is both underinclusive and indeterminate of the range of uses that fall within the scope of the fair use privilege. Worse yet, efforts to define or apply the concept of transformative use, or to distinguish fair transformative uses from transformative uses that infringe the copyright owner's exclusive right to prepare derivative works, often serve only to illuminate the concept's …