Rights of First Entry in "Derivative Markets": Exploring Market Definition in Copyright

Topics:
Music
Tags:
Entry,
Owner,
University At Buffalo
Source:
University at Buffalo

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Overview: The premise of this article is that scope is as important a concern as duration of the copyright. While duration determines the time period during which a copyright owner can exercise her rights over the protected work, scope issues determine the range of rights that the copyright owner has. The paper depicts that Napster were found to be fair use because allowing the copyright owners a right of first entry creates a large barrier to entry in the market for digital downloads, the argument could be made that we are permitting copying and distribution of music on such a scale that the incentives to create the music vanish.

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Format: PDF | Size: 143KB | Date: Jun 2003 | Pages: 16

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