Limitless copyright?
Government should firmly resist over-regulation of activities which do not
prejudice the central objective of copyright, namely the provision of incentives
to creators. (Recommendation 5, Hargreaves Review 2011).
Legislative intervention limiting the scope of copyright is only appropriate
where owners are unable to enforce their rights. Where transaction costs between
owners and users become low enough for negotiations to occur, exceptions should
dissapear. This latter argument is often attributed to Wendy Gordon's 1982
paper: "Fair Use as Market Failure", but disputed. Who is right? And does
empirical evidence contribute to answering this? These questions are central in
this seminar.
Prof. dr. Martin Kretschmer is professor in Intellectual Propery Law in the Law School, University of Glasgow, and director of CREATe,center for copyright and new business models in the creative economy. He is an internationally renowned expert in the economic analysis of IP issues, including the genealogy of the norms governing an information society - see http://www.copyrighthistory.org/.