Ariel Katz

Binghamton University | SUNY Binghamton · Department of Psychology

This Chapter recounts the history of fair use and fair dealing. It traces the shared common law origins of fair use and fair dealing in English and American copyright law, and shows that the enactment of the 1911 UK Copyright Act - the basis for current copyright laws of most Commonwealth jurisdictions - was not designed to cause any major alterati...

This article proposes a modest common law solution to the orphan works problem: works that are still under copyright but whose owners cannot be easily located. Most discussions on the orphan works problem focus on the demand side: on users’ inability to locate owners. However, looking also at the supply side reveals that the problem of orphan works...

The first-sale doctrine, which limits the exclusive rights that survive the initial authorized sale of an item protected by such rights, has never been fully explored and articulated. Recently, insights borrowed from modern antitrust law and economics are invoked to provide a seemingly robust theoretical foundation for undermining exhaustion rules...

What is the scope of fair dealing in education? In November 2011 the Centre for Innovation Law and Policy (CILP) submitted an Intervener Factum in Alberta (Education) v. Access Copyright, then pending before the Supreme Court of Canada. The Factum discusses the scope of fair dealing in educational institutions and in particular the meaning of "priv...

Conventional wisdom holds that the European Union, through the application of its competition law, has opted to subordinate intellectual property rights in the pursuit of competitive markets to a much greater extent than has the United States. We argue that, at least in the context of copyright protection, this conventional wisdom is false. While E...

Modern trademark scholarship and jurisprudence view trademark law as an institution aimed at improving the amount and quality of information available in the marketplace by reducing search costs. By providing a concise and unequivocal identifier of the particular source of particular goods, trademarks facilitate the exchange between buyers and sell...

This is a second in a series of two articles in which I challenge the collective administration of performing rights. In the first article, published in a recent issue of this journal, I questioned the natural monopoly paradigm that dominates the analysis of collective administration of performing rights. In this article I demonstrate how, by lower...

In September 2007, the Court of First Instance (CFI) affirmed the European Commission’s 2004 decision finding that Microsoft has abused its dominant position by refusing to supply interoperability information to its competitors, and affirmed that in addition to the imposition of a fine, forcing Microsoft to disclose such information is an appropria...

Collective administration of copyright has been touted as a solution to many of the ills of the copyright system and to many of the legal challenges brought about by the encounter between copyrights and the digital realm. It has been viewed as the magic bullet that bridges the unfortunate trade-off between incentive and access; a mechanism that all...

This article develops two key insights. First, copyrighted works are affected by two types of competitive forces: substitutive competition and Schumpeterian competition. Second, the relevant magnitude of each of these competitive forces changes at various points over the life cycle of copyrighted works. The earlier stages of a work's life cycle are...

The paper discusses the concept of Depreciation of Goodwill under S. 22 of Canada's Trade-marks Act from a law and economics perspective.

On March 2007 Canada's Competition Bureau hosted a symposium on the interface between competition and intellectual property. This short comment responds to a paper presented by Professor Jacques Robert in which he argued that the economic literature on bundling of information goods provides a novel justification for the collective administration of...

In most countries the right to perform music in public is not administered individually by the copyright holders but collectively by Performing Rights Organizations (PROs). The common explanation for the proliferation of collective administration is that some aspects of copyright administrations are natural monopolies. It is often argued that indiv...

In most countries the right to publicly perform music is not administered individually by the copyright holders but rather collectively by Performing Rights Organizations (PROs). The common explanation behind the proliferation of collective administration is that some aspects of copyright administrations are natural monopolies. It is often argued t...

The software industry frequently maintains that software piracy is no more than theft and a cause of huge losses. Courts and other policy makers easily adopt that straightforward argument. Surprisingly, however, many software publishers do not employ any technological measures to protect their software from piracy and many popular software products...