This article develops two key insights. First, copyrighted works are affected by two types of competitive forces: substitutive competition and Schumpeterian competition. Second, the relevant magnitude of each of these competitive forces changes at various points over the life cycle of...

In most countries the right to perform music in public is not administered individually by the copyright holders but collectively by Performing Rights Organizations (PROs). The common explanation for the proliferation of collective administration is that some aspects of copyright administrations...

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 common explanation behind the proliferation of collective administration is that some aspects of copyright...

This article proposes a modest common law solution to the orphan works problem: works that are still under copyright but whose owners cannot be easily located. Most discussions on the orphan works problem focus on the demand side: on users’ inability to locate owners. However, looking also at...

Collective administration of copyright has been touted as a solution to many of the ills of the copyright system and to many of the legal challenges brought about by the encounter between copyrights and the digital realm. It has been viewed as the magic bullet that bridges the unfortunate...