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recent reading: copyright and law & economics

By Rebecca Tushnet

Anne Barron, Copyright Infringement, ?Free-Riding? and the Lifeworld, LSE Law, Society and Economy Working Papers 17/2008

A vigorous assault on the law-and-economics copyright restrictionist project of (my respected colleagues and, I hope, friends) Mark Lemley and Brett Frischmann. Argues that economics simply can?t explain either authorial production or reader/consumer benefit, partly because it lacks a theory of preferences but mostly because it lacks a theory of social value not translatable to money, and copyright?s limits require such a theory. I am highly sympathetic, but I think it?s worth reading if you?re likely to disagree, just to see the argument well made.

Full post as published by 43(B)log on October 29, 2008 (boomark / email).