‘Quantifying the Copyright-Innovation interference’

Joel Waldfogel, Copyright Protection, Technological Change, and the Quality of New Products: Evidence from Recorded Music Since Napster, 55 J.L. & Econ. 715 (2012), available at the University of Minnesota. The constitution empowers Congress to promote the useful and the expressive arts, which Congress does through the laws governing patents and copyrights. But, promoting one may sometimes retard the other. This happens in the context of new technologies of copying and dissemination, such as the photocopier, VTR, the MP3 player, and file-sharing networks. Imposing copyright liability on the makers and users of these technologies encourages copyright owners but may discourage innovators. Shielding such makers and users from liability encourages technological innovation but may retard expressive creativity. How should we strike this trade-off, either in general or in particular cases? …” (more)

[Dotan Oliar, JOTWELL, 28 January]

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