Copyright "monopolies" (was: ProCD)

From: Dan L. Burk <BURKDANL[_at_]LANMAIL.SHU.EDU>
Date: Mon, 24 Feb 1997 09:54:16 -0500

On 2/22/97, John Lederer <johnl[_at_]ibm.net> wrote:
>
> If one extends the government grant of monopoly by contract---why
> doesn't one have a contract, combination or conspiracy in restraint
> of trade?

Why do you say monopoly? Say rather "exclusive right."

This may or may not be a monopoly, but I find it very difficult to think of circumstances where copyright would constitute a monopoly.

Setting aside the situations where the statute requires compulsory licensing, I note that 1) independent creation is a defense, and 2) the price elasticity of demand should be fairly unconstrained because of the idea/expression doctrine.

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Dan L. Burk
Seton Hall University
burkdanl[_at_]lanmail.shu.edu

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Received on Mon Feb 24 1997 - 15:02:40 GMT