A Positive Externalities Approach to Copyright Law: Theory and Application

48 Pages Posted: 20 Sep 2006

See all articles by Jeffrey Lynch Harrison

Jeffrey Lynch Harrison

University of Florida - Levin College of Law

Abstract

This Article has two goals. The first is to explain in some detail what copyright law might look like if it reflected economic reasoning. The second is to put to the test the question of whether copyright law is as far out of sync with economic guidelines as cases ranging from White-Smith Music to Eldred suggest. Although this introduction has stressed the economic irrationality of copyright law, could it actually be that within copyright decisions there is an implicit economic sensibility?

Keywords: copyright, fair use, idea, expression, abstraction, efficiency

JEL Classification: K39

Suggested Citation

Harrison, Jeffrey Lynch, A Positive Externalities Approach to Copyright Law: Theory and Application. Journal of Intellectual Property Law, Fall 2005. Available at SSRN: https://ssrn.com/abstract=931642

Jeffrey Lynch Harrison (Contact Author)

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

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