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A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
Jeffrey L Harrison
The basic goal of copyright law is, at a general level, fairly well understood, yet the law itself seems untethered to any consistent analytical approach designed to achieve that goal. This Article has two goals. The first is to explain in some detail what copyright law might look like if it reflected economic reasoning. The second is to put to the test the question of whether copyright law is as far out of sync with economic guidelines as White-Smith Music and Eldred suggest. In order to understand the economic approach and the inconsistency of copyright law, as well as the …
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
Jeffrey L Harrison
The motivations for buying a good or service are highly complex. At the most basic level, people buy goods because of what the goods do or because of the aesthetic elements they embody. More technically, buyers derive utility from the "functional" quality of these goods. Another motivation relates to what the goods "say" about the buyer. Here, the good is a signaling device. Signaling is not new, of course, and can indicate anything from social class to political leanings. This Essay addresses the issue of whether it should be public policy to subsidize this type of person-to-person status signaling. This …
From Vault To Honesty Box: Australian Authors And The Changing Face Of Copyright, Francina Cantatore
From Vault To Honesty Box: Australian Authors And The Changing Face Of Copyright, Francina Cantatore
Francina Cantatore
Copyright in written work is facing unprecedented challenges in the digital era. The changing face of copyright requires a re-evaluation of the existing norms and theories of copyright as an inanimate phenomenon that is reliant on humans for its adaptations. This article examines authors’ responses to these developments in the context of the philosophical theories underpinning copyright law, current Australian legislative and judicial considerations, and the impact of e-publishing on traditional perceptions of copyright protection. In particular, the article incorporates findings from a research study conducted with Australian authors on their perceptions of the value and meaning of copyright and …