‘Orphan works’ are works in which copyright still subsists, but where the rightholder, whether it be the creator of the work or successor in title, cannot be located.This report was commissioned to assist the UK government in evaluating policy options in the implementation of the Hargreaves...

A growing number of empirical studies measure how extended copyright terms negatively affect the number of book titles in print. Many of these same studies also demonstrate significant differences in the pricing of bound volumes, ebooks, and audio books editions of public domain and copyrighted...

Much has been written, and much is understood, about how and why digital platforms regulate free expression on the Internet. Much less has been written— and even much less is understood—about how and why digital platforms regulate creative expression on the Internet—expression that makes...

The dominant utilitarian formulation of copyright incentives is preoccupied with reducing copyright’s social costs by limiting an author’s income to the precise amount necessary to incentivize production of a particular work. Under that approach, the grant of copyright is considered by many...

The article is aimed at studying expert opinions in establishing the types of intellectual property and the corresponding legal relations that arise in the digital space and require attention in the educational context. As a result of a survey of 21 experienced law professors, we found that the...

The non-literal scope of protection for software is intricate legally and is intricate technical. Thus, despite literally decades of court decisions and a mountain of legal scholar written on the subject in that time, it appears that there is still no consistent agreement about it, as evidenced...

The Green route to Open Access (OA), meaning the re-publication in OA venues of previously published works, can essentially be executed by contract and by copyright law. In theory, rights retention and contracts may allow authors to re-publish and communicate their works to the public, by means...

As is typical of a Breyer opinion, Unicolors v. H&M—the only IP decision this Term—illuminates the distinction between mistakes of fact and of law and explains the reasoning by virtue of a brief hypothetical. Imagine someone (named John) who sees a flash of red in a tree and blurts out,...

Copyright law aims to incentivize the creation of original works by extending protection against copying to rights holders. Not all works merit copyright protection, however. Some are specifically excluded from it. Increasingly, some of these works nonetheless parade around as if cloaked in...

We study the interaction between public and private intellectual property rights (IPR) protection in a duopoly in which software developers offer a product variety of differing quality and compete for heterogeneous users, who have an option to buy a legal version, possibly use an illegal copy,...