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Copyright Law & Economics in the EU Copyright Directive: Is the Droit d'Auteur Passé?

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Abstract

In this contribution, it is investigated what the apparent economic policy goals are of the EU Copyright Directive of 2001. Additionally, it is explored what, according to mainstream economic theory, will be the likely result of the new regulations on copyright law. The article concludes that the Directive appears to be based on a great belief in the beneficial effects of granting to information producers broad property rights in information products and in the ability of the market mechanism to achieve an optimal result in the information market. However, it may well be argued that the apparent faith in the 'invisible hand' of the market is unjustified where information products are concerned. There may be valid arguments for the legislator to intervene by limiting the freedom of contract and by curtailing the freedom to block any information usage technologically.

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A Political Economy of the Public Domain: Markets in Information Goods versus The Market Place of Ideas
  • Benkler
Benkler, 'A Political Economy of the Public Domain: Markets in Information Goods versus The Market Place of Ideas', in: R. Dreyfuss et al. (eds.), Expanding the Boundaries of Intellectual Property, Oxford: University Press 2001, p. 274 ff.
The US v. EU Anti-Circumvention Legislation: Preserving the Public's Privileges in the Digital Age?', EIPR 2002, p. 537; see also supra nt 16 and accompanying text
  • See T Foged
See T. Foged, 'The US v. EU Anti-Circumvention Legislation: Preserving the Public's Privileges in the Digital Age?', EIPR 2002, p. 537; see also supra nt 16 and accompanying text. 75