Toward an Ecology of Intellectual Property: Lessons from Environmental Economics for Valuing Copyright's Commons

39 Pages Posted: 30 Aug 2004 Last revised: 12 Nov 2007

See all articles by Frank Pasquale

Frank Pasquale

Cornell Law School; Cornell Tech

Abstract

The fair use defense in copyright law shields an intellectual commons of protected uses of copyrighted material from infringement actions. In determining whether a given use is fair, courts must assess the new use's potential effect on the market for the copyrighted work. Fair use jurisprudence too often fails to address the complementary, network, and long-range effects of new technologies on the market for copyrighted works. These effects parallel the indirect, direct, and option values of biodiversity recently recognized by environmental economists. Their sophisticated methods for valuing natural resources in tangible commons can inform legal efforts to address the intellectual commons' effect on the market for copyrighted works.

Keywords: copyright, intellectual property, environmental, economics

JEL Classification: A12, K32, O34

Suggested Citation

Pasquale, Frank A., Toward an Ecology of Intellectual Property: Lessons from Environmental Economics for Valuing Copyright's Commons. Yale Journal of Law & Technology, Vol. 8, No. 78, January 2006, Seton Hall Public Law Research Paper No. 12, Available at SSRN: https://ssrn.com/abstract=584682 or http://dx.doi.org/10.2139/ssrn.584682

Frank A. Pasquale (Contact Author)

Cornell Law School ( email )

Myron Taylor Hall
Ithaca, NY 14853

Cornell Tech ( email )

2 West Loop Rd.
New York, NY 10044
United States

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