Copyright and Innovation: Responses to Marks, Masnick, and Picker

2013 Wisconsin Law Review Online

16 Pages Posted: 12 Jun 2013

Date Written: June 11, 2013


In this piece, I respond to the comments on my article, “Copyright and Innovation: The Untold Story,” offered by Steven Marks of the Recording Industry Association of America (RIAA), Mike Masnick of Floor 64 and Techdirt, and Randal Picker of the University of Chicago Law School.

I begin by noting how Marks’s response overemphasizes old business models and insufficiently appreciates the synergy between technological and creative innovation, while offering an ironically upbeat assessment of new technologies the record labels tried to quash and a newfound unsupported interpretation of the Constitution.

I then explain how Picker’s emphasis on an ideal solution that would maximize copyright-related distribution innovation runs aground on the realities of copyright enforcement today.

Finally, I highlight Masnick’s recounting of the themes I described in my article in settings ranging from ringtones to videogames to cable television alternatives.

In today’s copyright debates centering on piracy and theft, the relationship between copyright and innovation needs all the attention it can get. This discussion will hopefully play a role in nudging the needle in that direction.

Keywords: copyright, innovation, creativity, music, record labels, napster, peer-to-peer (p2p)

JEL Classification: L82, O31, O33, O34

Suggested Citation

Carrier, Michael A., Copyright and Innovation: Responses to Marks, Masnick, and Picker (June 11, 2013). 2013 Wisconsin Law Review Online, Available at SSRN:

Michael A. Carrier (Contact Author)

Rutgers Law School ( email )

217 North Fifth Street
Camden, NJ 08102-1203
United States
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856-225-6516 (Fax)

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