Beyond Abstraction, the Law and Economics of Copyright Scope and Doctrinal Efficiency

Matthew Sag

Beyond Abstraction, the Law and Economics of Copyright Scope and Doctrinal Efficiency

Matthew Sag

Loyola University Chicago, School of Law

Research output: Working paper › Preprint

Abstract

Uncertainty as to the optimum extent of protection has generally limited the capacity of law and economics to translate economic theory into coherent doctrinal recommendations in the realm of copyright. This article explores the relationship between copyright scope, doctrinal efficiency and welfare from a theoretical perspective to develop a framework for evaluating specific doctrinal recommendations in copyright law. The usefulness of applying this framework in either rejecting or improving doctrinal recommendations is illustrated with reference to the predominant law and economics theories of fair use.

Original language	American English
State	Published - Mar 6 2006

Keywords

copyright
copyright scope
cost-benefit analysis
doctrinal efficiency
fair use
law and economics
secondary liability
market failure
and private ordering

Cite this

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