Research and Analysis
Edited by Lisa N. Takeyama, Wendy J. Gordon and Ruth Towse
The book begins with a chapter by Pamela Samuelson, a legal scholar famous for her pioneering work on the copyright issues raised by new information technologies. In Chapter 1, she addresses what may be perhaps the most fundamental question regarding economics and copyright: just what role does economics have in copyright law and policy? Samuelson suggests that economics has not thus far been as inﬂuential in intellectual property law and policymaking as it has been in other areas of economic regulation, such as antitrust. She oﬀers several possible explanations for this, including for example, lack of economic expertise on the part of the relevant policymakers, and ‘the tight nexus between the copyright industry and the policymaking community’. Samuelson explains how economics does have an important and useful role to play in copyright law and policy – touching also on ways economics can be misused – and oﬀers several examples and case studies. The chapter by Samuelson, in addressing some of the institutional and methodological diﬃculties that contribute to a law/economics divide, serves to introduce the book as a whole. The primary focus of the book’s succeeding sections is the application of economic tools and analysis to examine particular issues within copyright. They begin with considering the economics of copyright collectives. In Chapter 2, Arthur Snow and Richard Watt oﬀer a novel view of the beneﬁts of copyright collectives in their capacity to pool the risks of their members. While it is well-known that collective administration of...