Indefinitely Renewable Copyright
In this paper we raise questions concerning the widely accepted proposition that economic efficiency requires that copyright protection be limited in its duration (often shorter than the current term). We [...]
Defense Against the Dark Arts of Copyright Trolling
In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly [...]
Modernizing International Agreements to Combat Copyright Infringement
Intellectual property is a critical driver of economic prosperity. But there is a serious problem that our government needs to address to enhance the protection of IP and, thereby, to [...]
A New Copyright Bargain?: Reclaiming Lost Culture and Getting Authors Paid
Despite having put authors at the forefront of expansionary rhetoric for generations, copyright can’t seem to find a way of actually getting them paid. At the same time, current approaches [...]
Freedom of Artistic Creativity and Copyright Law: A Compatible Combination?
Copyright was originally intended to serve creators as an engine of free expression, protecting them from the interference of others and from all risk of censorship. To this end, a [...]
Intellectual Property: The Law and Economics Approach
We investigate the impact of reporting regulation on corporate innovation activity. Exploiting thresholds in Europe’s regulation and a major enforcement reform in Germany, we find that forcing a greater share [...]
The Public Domain
The process of authorship, however, is more equivocal than that romantic model admits. To say that every new work is in some sense based on the works that preceded it [...]
Faith-Based Intellectual Property
"Suing actual infringers is passe in copyright law. In the digital environment, the real stakes lie in suing those who facilitate infringement by others. There is of course a good [...]
Why “Intellectual Property” is a Misnomer
In this paper we scrutinize the moral case for copyright and patent laws and find it wanting. “Intellectual property” is a misleading description of those laws in their current form; [...]
Art in the Age of Contractual Negotiation
Artists have always loved to hate the art market. They want to sell their work, but only on their own terms. Unfortunately, they usually lack the means to explain what [...]