An Economic Model of Fair Use
AbstractThe doctrine of fair use allows limited copying of creative works based on the rationale that copyright holders would consent to such uses if bargaining were possible. This paper develops a formal model of fair use in an effort to derive the efficient legal standard for applying the doctrine. The model interprets copies and originals as differentiated products and defines fair use as a threshold separating permissible copying from infringement. The analysis highlights the role of technology in shaping the efficient standard. Discussion of several key cases illustrates the applicability of the model.
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Bibliographic InfoPaper provided by University of Connecticut, Department of Economics in its series Working papers with number 2005-56.
Length: 30 pages
Date of creation: Nov 2005
Date of revision:
Note: We wish to acknowledge the helpful comments of two referees.
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Fair use; copyright law; technological improvement;
Other versions of this item:
- Thomas J. Miceli & Richard P. Adelstein, 2003. "An Economic Model of Fair Use," Working papers 2003-38, University of Connecticut, Department of Economics.
- Thomas J. Miceli & Richard P. Adelstein, 2005. "An Economic Model of Fair Use," Wesleyan Economics Working Papers 2005-014, Wesleyan University, Department of Economics.
- K11 - Law and Economics - - Basic Areas of Law - - - Property Law
- O34 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Intellectual Property Rights
This paper has been announced in the following NEP Reports:
- NEP-ALL-2007-01-13 (All new papers)
- NEP-IPR-2007-01-13 (Intellectual Property Rights)
- NEP-LAW-2007-01-13 (Law & Economics)
- NEP-REG-2007-01-13 (Regulation)
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