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Full-Text Articles in Law
The Power Balance Revisited: Authors, Publishers And Copyright In The Digital Sphere, Francina Cantatore
The Power Balance Revisited: Authors, Publishers And Copyright In The Digital Sphere, Francina Cantatore
Francina Cantatore
The transition of the printed word to digital product is arguably the most significant event in the history of publishing since the invention of the printing press, presenting authors with unexpected challenges. The evolving digital publishing environment has irrevocably changed the copyright expectations of authors, who find themselves grappling with the realities of both traditional expectations and digital advances in publishing. This article deals with the Australian author's place in an ever expanding digital sphere, copyright and publishing implications, and digital copyright challenges presented by this transitional environment. It also examines the views of Australian authors on the subject and …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Reinventing Copyright And Patent, Abraham Bell, Gideon Parchomovsky
Reinventing Copyright And Patent, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
Intellectual property systems all over the world are modeled on the one-size-fits-all principle. However important or unimportant, inventions and original works of authorship receive the same scope of protection, for the same period, backed by the same variety of legal remedies. Metaphorically speaking, all intellectual property is equal under the law. This equality comes at a heavy price. The equality principle gives all creators access to the same remedies, even when those remedies create perverse incentives. Moreover, society overpays for innovation by inflicting on society more monopoly losses than are strictly necessary to incentivize production.
In this Article, we propose …
Lost Classics Of Intellectual Property Law, Michael J. Madison
Lost Classics Of Intellectual Property Law, Michael J. Madison
Articles
Santayana wrote, “Those who cannot remember the past are condemned to repeat it.” American legal scholarship often suffers from a related sin of omission: failing to acknowledge its intellectual debts. This short piece attempts to cure one possible source of the problem, in one discipline: inadequate information about what’s worth reading among older writing. I list “lost classics” of American scholarship in intellectual property law. These are not truly “lost,” and what counts as “classic” is often in the eye of the beholder (or reader). But these works may usefully be found again, and intellectual property law scholarship would be …
Consumer Welfare In Competition And Intellectual Property Law, Herbert J. Hovenkamp
Consumer Welfare In Competition And Intellectual Property Law, Herbert J. Hovenkamp
All Faculty Scholarship
Whether antitrust policy should pursue a goal of "general welfare" or "consumer welfare" has been debated for decades. The academic debate is much more varied than the case law, however, which has consistently adopted consumer welfare as a goal, almost never condemning a practice found to produce an actual output reduction or price increase simply because productive efficiency gains accruing to producers exceeded consumer losses.
While some practices such as mergers might produce greater gains in productive efficiency than losses in consumer welfare, identifying such situations would be extraordinarily difficult. First, these efficiencies would have to be "transaction specific," meaning …