Beyond Abstraction, the Law and Economics of Copyright Scope and Doctrinal Efficiency
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.
Intellectual Property Law | Internet Law | Law and Economics
Date of this Version
Matthew J. Sag, "Beyond Abstraction, the Law and Economics of Copyright Scope and Doctrinal Efficiency" (March 6, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1069.