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Selected Works

Intellectual Property Law

Mark F Schultz

Articles 1 - 3 of 3

Full-Text Articles in Law

Live Performance, Copyright, And The Future Of The Music Business, Mark F. Schultz Jan 2009

Live Performance, Copyright, And The Future Of The Music Business, Mark F. Schultz

Mark F Schultz

This article considers whether the emergence of business models based on free digital delivery of music and other content have rendered copyright protection less necessary or justifiable. Falling production and distribution costs have led many scholars and popular commentators to conclude that creators can and should embrace free distribution models for copyrighted works. In particular, many contend that the recording industry can survive and prosper by producing and freely distributing recordings as a form of advertising for the concert business. Some have further concluded that copyright law may need to change to reflect this new reality.

This article assesses such …


Creative Development: Helping Poor Countries By Building Creative Industries, Mark F. Schultz, Alec Van Gelder Jan 2008

Creative Development: Helping Poor Countries By Building Creative Industries, Mark F. Schultz, Alec Van Gelder

Mark F Schultz

This paper advocates a grass-roots, pragmatic approach to intellectual property and economic development in poor countries that focuses on how copyright and related institutions can support bottom-up growth. Two case studies inform this paper's analysis: The development of the country music industry in Nashville, Tennessee, and the challenges faced by the popular music industry in Africa today.

First, we consider the story of Nashville's development into "Music City, U.S.A." as a hopeful example of how a popular music industry can support economic development. Although an example drawn from one of the world's wealthiest countries may not initially seem relevant, early …


Fear And Norms And Rock & Roll: What Jambands Can Teach Us About Persuading People To Obey Copyright Law, Mark F. Schultz Dec 2005

Fear And Norms And Rock & Roll: What Jambands Can Teach Us About Persuading People To Obey Copyright Law, Mark F. Schultz

Mark F Schultz

Conventional wisdom says that people using modern technology are unlikely to obey copyright law, absent fear of lawsuits or extremely strong copy protection. This Article challenges that conventional wisdom. It explores why people obey copyright law and concludes that people can be persuaded to obey copyright voluntarily, provided that copyright owners can encourage the development of pro-copyright social norms.

This Article contributes to both the social norms and the copyright literature by explaining how pro-copyright social norms might be fostered from a behavioral trait known as reciprocity. It draws insight from a case study of a community of music fans …