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The Potential Demise of Another Natural Monopoly: Rethinking the Collective Administration of Performing Rights
In most countries the right to publicly perform music is not administered individually by the copyright holders but rather collectively by Performing Rights Organizations (PROs). The commonExpand
Fair Use 2.0: The Rebirth of Fair Dealing in Canada
This Chapter recounts the history of fair use and fair dealing. It traces the shared common law origins of fair use and fair dealing in English and American copyright law, and shows that theExpand
The Economic Rationale of Exhaustion: Distribution and Post-Sale Restraints
Despite over a hundred years of adjudication, courts have never been able to draw the exact contours of the first sale doctrine or fully articulate its rationale. In recent years, insights borrowedExpand
A Network Effects Perspective on Software Piracy
TLDR
The paper argues that not protecting software is a profitable strategy based on several elements: the first element is cross-sectional price discrimination in which the lower tiers of customers do not pay for their software and the advantages from complaining about piracy over preventing it. Expand
The First Sale Doctrine and the Economics of Post-Sale Restraints
The first sale doctrine limits the exclusive rights that survive the initial authorized sale of an item protected by intellectual property (IP) rights, and therefore limits the ability of IP ownersExpand
The Potential Demise of Another Natural Monopoly: New Technologies and the Administration of Performing Rights
This is a second in of two articles in which I challenge the collective administration of performing rights. In the first article, published in a recent issue of this journal, I questioned theExpand
Commentary: Is Collective Administration of Copyrights Justified by the Economic Literature?
On March 2007 Canada's Competition Bureau hosted a symposium on the interface between competition and intellectual property. This short comment responds to a paper presented by Professor JacquesExpand
What Antitrust Law Can (and Cannot) Teach About the First Sale Doctrine
The first-sale doctrine, which limits the exclusive rights that survive the initial authorized sale of an item protected by such rights, has never been fully explored and articulated. Recently,Expand
Pharmaceutical Lemons: Innovation and Regulation in the Drug Industry
Before a new drug can be marketed the Food and Drug Administration must be satisfied that it is safe and effective. According to conventional wisdom, the cost and delay involved in this processExpand
A Network Effects Perspective on Software Piracy
† I am grateful to David Tadmor, Jon Putnam, Michael Trebilcock, Ed Iacobucci, Doug Lichtman, Wendy Gordon, Amitai Aviram, Ittai Paldor, and participants at the 2003 Annual Meeting of the AmericanExpand
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