Abstract

http://ssrn.com/abstract=2340334
 


 



Tollbooths and Newsstands on the Information Superhighway


Brad A. Greenberg


Columbia University - Law School; Yale Information Society Project

February 18, 2014

Michigan Telecommunications and Technology Law Review, Vol. 20, p. 171, 2013

Abstract:     
The Internet has made it easier than ever before to stay informed on current events — and without ever needing to pick up, let alone pay for, a newspaper. But recent litigation and legislation in the United States and Europe have challenged the cost-free flow of such information. The opposition to these recent legal developments is rooted in a belief that stronger intellectual property protections result in higher tolls, which, in turn, price many consumers out of accessing and using the information.

But overlooked has been an existential consideration: information-gathering is expensive, and absent efficient tolls there will be far less information to access at all, regardless of cost. The United States Supreme Court recognized this principle in Harper & Row Publishers, Inc. v. Nation Enterprises as it applies more narrowly to whether copyright law inhibits free expression. Identifying the particular importance of incentives for newsgatherers, this Essay extends the Harper & Row rationale beyond its copyright mooring.

In light of the continued withering corps of professional newsgatherers, these legal developments actually could enhance the exchange of information and ideas to the extent they preserve incentives for news publishers. This Essay proffers that copyright expansions actually can increase access and thereby serve important copyright and First Amendment values.

Number of Pages in PDF File: 12

Keywords: Newspapers, Copyright, Intellectual Property, Aggregators, Internet, Information Policy, First Amendment, Incentives

Accepted Paper Series


Download This Paper

Date posted: October 15, 2013 ; Last revised: February 24, 2014

Suggested Citation

Greenberg, Brad A., Tollbooths and Newsstands on the Information Superhighway (February 18, 2014). Michigan Telecommunications and Technology Law Review, Vol. 20, p. 171, 2013. Available at SSRN: http://ssrn.com/abstract=2340334

Contact Information

Brad A. Greenberg (Contact Author)
Columbia University - Law School ( email )
435 West 116th Street
New York, NY 10025
United States
Yale Information Society Project ( email )
127 Wall Street
New Haven, CT 06511
United States
Feedback to SSRN


Paper statistics
Abstract Views: 708
Downloads: 52
Download Rank: 229,961
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.313 seconds