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HOW CURRENT COPYRIGHT LAW DISCOURAGES CREATIVE OUTPUT: THE OVERLOADED IMPACT OF MARKETING.
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- Author(s): Nadel, Mark S.
- Source:
Berkeley Technology Law Journal. Spring2004, Vol. 19 Issue 2, p785-856. 72p. - Source:
- Additional Information
- Subject Terms:
- Abstract: This Article explores how copyright law's prohibition against unauthorized copying and sales may, counter to the law's purported goal, have an overall negative impact on the production and dissemination of creative content. The Article contends that in the current lottery-like environment of many media markets, copyright law disproportionately inflates the revenues of the most popular creations, which leads publishers to spend increasing amounts on promotional campaigns, which, intentionally or not, drowns out economically marginal creations. This discourages, rather than encourages, investment in many new creations. Consequently, current copyright law may actually reduce the overall production of new creations. As an alternative to the current strict limits copyright law imposes on copying, this Article explains how new technologies, social norms, and much weaker prohibitions against unauthorized copying may be combined to create viable business models for financing new creations. These business models appear capable of ensuring creators and publishers a sufficient profit to stimulate creation and distribution but without the significant harms produced by broad prohibitions against unauthorized copying. [ABSTRACT FROM AUTHOR]
- Abstract: Copyright of Berkeley Technology Law Journal is the property of University of California School of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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