Case Western Reserve University Law School
Copyright law often provides the background rules against which bargaining over rights in works of information takes place. By granting creators of works of authorship certain exclusive rights and providing protection against infringement of those rights, copyright law effectively gives authors bargaining chips to use in negotiations with those who would exploit their works in some way. Generally, however, copyright law does not explicitly address imbalances in bargaining power that affect the division of the surplus between the parties to a copyright license. When the would-be exploiter of the copyrighted work wields some degree of market power or brings significant value to the transaction, the author may extract little in return for licensing the work.
Bargaining in the Shadow of Copyright Law after Tasini,
Case Western Reserve Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/939