Paul Heald, ‘How Copyright Keeps Works Disappeared’

Abstract:
A random sample of new books for sale on Amazon.com shows more books for sale from the 1880s than the 1980s. Why? This article presents new data on how copyright stifles the reappearance of works. First, a random sample of more than 2,000 new books for sale on Amazon.com is analyzed along with a random sample of almost 2,000 songs available on new DVDs. Copyright status correlates highly with absence from the Amazon shelf. Together with publishing business models, copyright law seems to deter distribution and diminish access. Further analysis of eBook markets, used books on Abebooks.com, and the Chicago Public Library collection suggests that no alternative marketplace for out‐of‐print books has yet developed. Data from iTunes and YouTube, however, tell a different story for older hit songs. The much wider availability of old music in digital form may be explained by the differing holdings in two important cases, Boosey & Hawkes v. Disney (music) and Random House v. Rosetta Stone (books).

Heald, Paul J, How Copyright Keeps Works Disappeared (December 2014). Journal of Empirical Legal Studies, Vol 11, Issue 4, pp 829-866, 2014.

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