The Propertarian Counter‐Argument

Neil Weinstock Netanel

in Copyright's Paradox

Published in print April 2008 | ISBN: 9780195137620
Published online May 2008 | e-ISBN: 9780199871629 | DOI:
 The Propertarian Counter‐Argument

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Some scholars and policy makers claim that an expansive, proprietary copyright not only imposes merely trivial speech burdens but, indeed, represents the best means for resolving the tension between copyright and free speech. As Paul Goldstein forcefully puts it: to extend copyright “into every corner where consumers derive value from literary and artistic works” is the “best prescription for connecting authors to their audiences.”A broad, proprietary copyright, Goldstein argues, would thus “promote political as well as cultural diversity, ensuring a plenitude of voices, all with the chance to be heard.” This chapter takes on that “propertarian” counter‐argument. It demonstrates that broad copyrights do not, in fact, facilitate expressive diversity. It does so on the basis of copyright economics and by distinguishing between product differentiation and expressive diversity.

Keywords: copyright; expressive diversity; product differentiation; demand diversion; digital technology; price discrimination

Chapter.  5880 words. 

Subjects: US Politics

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