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Copyright and brands in the digital age: Internalizing the externalities of meaning

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  • Olivier Bomsel

    (CERNA i3 - Centre d'économie industrielle i3 - Mines Paris - PSL (École nationale supérieure des mines de Paris) - PSL - Université Paris sciences et lettres - I3 - Institut interdisciplinaire de l’innovation - CNRS - Centre National de la Recherche Scientifique)

Abstract

The adoption of binary code as the universal standard for globalized communications generates highly positive externalities often referred to as network effects. But what about meaning? What are the externalities associated with the formatting and circulation of meaning, and are they, too,all positive? Within the digital paradigm, is it really possible to separate the notion of expression -- covered by copyright -- from the meanings it creates? Isn't meaning heavily dependent on the concept of brand? And if so, how do copyright and trademark institutions work together to stimulate and promote meaningful information? To answer these questions, we will look at how the meaningful forms of expression -- the works -- that have historically been covered by copyright generate specific types of externality, both positive and negative, giving rise to both incentive and censorship mechanisms. We will then show how the institutions of copyright and author's rights that allow the appropriation of a meaningful good also confer a brand on it, identifying its sources. This leads to mixed externalities from both directions, with the result that copyright and trademark institutions cannot be fully separated from each other.

Suggested Citation

  • Olivier Bomsel, 2013. "Copyright and brands in the digital age: Internalizing the externalities of meaning," Post-Print hal-00498365, HAL.
  • Handle: RePEc:hal:journl:hal-00498365
    DOI: 10.1111/j.1465-7287.2011.00288.x
    Note: View the original document on HAL open archive server: https://minesparis-psl.hal.science/hal-00498365
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    References listed on IDEAS

    as
    1. Olivier Bomsel, 2010. "L'économie immatérielle," Post-Print hal-00456407, HAL.
    2. Stan J. Liebowitz & Stephen E. Margolis, 2005. "Seventeen Famous Economists Weigh In On Copyright: The Role Of Theory, Empirics, And Network Effects," Law and Economics 0505003, University Library of Munich, Germany.
    3. Richard Watt, 2000. "Copyright and Economic Theory," Books, Edward Elgar Publishing, number 2023.
    4. Olivier Bomsel & Heritiana Ranaivoson, 2009. "Decreasing Copyright Enforcement Costs: The Scope of a Gradual Response," Post-Print hal-00446189, HAL.
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    Blog mentions

    As found by EconAcademics.org, the blog aggregator for Economics research:
    1. Media Ecosystems: A definition
      by Olivier Bomsel in IPdigIT on 2014-07-28 11:00:57

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    Cited by:

    1. Matttia De' Grassi Di Pianura, 2012. "Subsidising network technology adoption the case of publishers and E-readers," Working Papers hal-00714447, HAL.
    2. Muhammad Atif Shahzad & Zahid Yousaf, 2019. "Media Sociology: An Appraisal," Global Political Review, Humanity Only, vol. 4(3), pages 1-9, September.
    3. Marlena Jankowska & Berenika Sorokowska, 2023. "From Fashion Brand to Artwork: Divergent Thinking, Copyright Law, and Branding," Laws, MDPI, vol. 12(3), pages 1-19, May.

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    More about this item

    Keywords

    copyright; brand; Intellectual property; trademark law; media economics; droit d'auteur; droit des marques; propriété intellectuelle; économie des médias;
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