Copyright and Its Rewards, Foreseen and Unforeseen

Copyright and Its Rewards, Foreseen and Unforeseen

The Harvard Law Review rarely publishes articles on copyright law, so there was considerable buzz among intellectual property academics when the Review accepted a piece from a young scholar who had not yet even joined a law school faculty. Shyam Balganesh’s Foreseeability and Copyright Incentives is an interesting, carefully reasoned piece of scholarship. Pursuing the dominant, instrumentalist justification of copyright, Professor Balganesh makes a simple proposal: if the exclusive rights of copyright are justified because they create an ex ante incentive, then the exclusive rights — and the financial yields that follow — should be limited to the uses of the copyrighted work that were foreseen by the creator at the time of the work’s creation.

Justin Hughes

Harvard Law Review Forum


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By |2019-09-18T11:37:17-07:00January 1st, 2018|Copyright, Intellectual Property, Reference|