Abstract

http://ssrn.com/abstract=931977
 
 

Citations (1)



 


 



Rationalizing the Allocative/Distributive Relationship in Copyright


Jeffrey Lynch Harrison


University of Florida - Fredric G. Levin College of Law


Hofstra Law Review, Spring 2004

Abstract:     
This Article cuts against the grain of modern copyright law by making the case that a more substantive approach to the issues of creativity and authorship would lower costs, streamline the system, and raise the level of socially beneficial creativity. Increasing the creativity requirement is designed to curb what might be called artistic product differentiation that has no real impact on economic, cultural, and social development. Infusing an element of substance into authorship by requiring some level of preconception by authors would produce the same result. After all, except in the most unusual instances, when an author does not know until after the fact that he has created something, it is hard to make a case that an incentive to create played a role. Raising both of these standards would reduce costly, and perhaps chilling, distributive battles and properly focus copyright on the internalization of efforts that are more likely to advance the public interest by raising the level of creative contribution.

Number of Pages in PDF File: 41

Keywords: copyright, efficiency, monopolistic competition, allocative

JEL Classification: k19

Accepted Paper Series


Download This Paper

Date posted: September 22, 2006  

Suggested Citation

Harrison, Jeffrey Lynch, Rationalizing the Allocative/Distributive Relationship in Copyright. Hofstra Law Review, Spring 2004. Available at SSRN: http://ssrn.com/abstract=931977

Contact Information

Jeffrey Lynch Harrison (Contact Author)
University of Florida - Fredric G. Levin College of Law ( email )
P.O. Box 117625
Gainesville, FL 32611-7625
United States
Feedback to SSRN


Paper statistics
Abstract Views: 436
Downloads: 35
Citations:  1

© 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 0.500 seconds