Document Type
Article
Publication Date
2013
ISSN
1698-1359
Publisher
Society for Economic Research on Copyright Issues
Language
en-US
Abstract
The US Congress has enacted expansions of copyright which arguably impose high social costs and generate little incentives for authorial creativity. When the two most expansive statutes were challenged as unconstitutional, the US Supreme Court rebuffed the challenges, partly on the supposed ground that copyright law could legitimately seek to promote nonauthorial interests; apparently, Congress could enact provisions aiming to support noncreative disseminative activities such as publishing, or restoring and distributing old film stock, even if authorial incentives were not served. Such an error might have arisen because of three phenomena (in economics, history, and law, respectively) that might easily be misunderstood but which, when unpacked, no longer lead plausibly to a stand-alone embrace of disseminator interests. The purpose of this article is to analyse and comment on this error from several relevant points of view.
Recommended Citation
Wendy J. Gordon,
Dissemination Must Serve Authors: How the U.S. Supreme Court Erred
,
in
10
Review of Economic Research on Copyright Issues
1
(2013).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/46
Comments
Boston University School of Law, Public Law Research Paper No. 13-33