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Intellectual Property Law

Paul J. Heald

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Does The Song Remain The Same? An Empirical Study Of Bestselling Muiscal Compositions (1913-32) And Their Use In Cinema (1968-2008), Paul J. Heald Feb 2009

Does The Song Remain The Same? An Empirical Study Of Bestselling Muiscal Compositions (1913-32) And Their Use In Cinema (1968-2008), Paul J. Heald

Paul J. Heald

In regularly extending the copyright term of existing works, Congress has relied upon predictions by economists that bad things happen to works that fall into the public domain. Economists claim that as the copyright in some valuable works expires, they will be underexploited and their value dissipated. Other works, it is argued, will be overused or debased by inappropriate uses. This study of the most valuable musical compositions from 1913-32 demonstrates that neither hypothesis is true applied to the exploitation of musical composition in movies from 1968-2007. Combined with an earlier study on books from the same era, grave doubt …


Testing The Over- And Under-Exploitation Hypotheses: Bestselling Musical Compositions (1913-32) And Their Use In Cinema (1968-2007), Paul J. Heald Sep 2008

Testing The Over- And Under-Exploitation Hypotheses: Bestselling Musical Compositions (1913-32) And Their Use In Cinema (1968-2007), Paul J. Heald

Paul J. Heald

Some economists assert that as valuable works transition from copyrighted status and fall into the public domain they will be underexploited and their value dissipated. Others insist instead that without an owner to control their use, valuable public domain works will be overexploited or otherwise debased. This study of the most valuable musical compositions from 1913-32 demonstrates that neither hypothesis is true as it applies to the exploitation of songs in movies from 1968-2007. When compositions fall into the public domain, they are just as likely to be exploited in movies, suggesting no under-exploitation. And the rate of exploitation of …