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How to Put Balance Back in Copyright, Second Edition
The Structure of Legal Entitlements
Laws and Their Interpretation
The Intellectual Property Wars from Gutenberg to Gates

to redeem itself as an act of creativity. In an instance of transformative piracy, for example, a young musician might illegally download and then re- mix music to produce a new piece of music. But in commercial piracy there is a slavish making of copies without any transformative redemption. 1Beyond representation: the Figure of the Pirate Let us now try to understand the terms of representation that public do- main scholarship establishes for itself. While the public domain has emerged as the most viable alternative to the expansion of IP, the question remains

Keller, Bruce P., and Je,rey P. Cunard. Copyright Law: A Practitioner’s Guide.  New York: Practising Law Institute, 2004. Landes, William M., and Richard A. Posner. |e Economic Structure of Inte¬ec- tual Property Law. Cambridge, MA: Belknap Press of Harvard University  Press, 2003. Lessig, Lawrence. Code and Other Laws of Cyberspace. New York: Basic Books,  1999. ———. Free Culture: How Big Media Us∂ Technology and the Law to Lock Down Culture and Control Creativity. New York: Penguin Press, 2004. ———. |e Future of Ide∑: |e Fate of the Commo≥ in a Connected World. New

using particular sound fragments in new songs? Has the music industry’s implementation of copyright foreclosed the commercial release of collage-based music because the licensing burden would be too great? The less visible effects of legal constraints on sampling could have large aggregate effects on musical creativity. Economics provides a way to ex- amine these effects systematically. This essay proposes an economic and legal framework to examine the artistic consequences of copyright’s regime for mu- sical borrowing and appropriation, focusing on the issue of

, NC: Duke University Press. Crews, K. 2001. “The Law of Fair Use and the Illusion of Fair- Use Guidelines.” Ohio State Law Journal 62: 98. Csikszentmihalyi, M. 1996. Creativity: Flow and the Psychology of Discovery and Invention. New York: HarperCollins Publishers. Deazley, R. 2006. Rethinking Copyright: History, Theory, Language. Cheltenham, UK: Northampton, MA: Edward Elgar. Decherney, P. 2005. Hollywood and the Culture Elite: How the Movies Became American. New York: Columbia University Press. DiCola, P., and K. McLeod. 2011. Creative License: The Law and

’s dilemma and, 152, 156, 159 selfish actors and, 152 software and, 153 study of, 151 transparency and, 158 trust and, 153 copying, 210 Argentina and, 288–97, 300 art and, 424n11 Babbage on, 271, 272, 277 brand and, 292, 293, 294–95 breeders and, 277 cable TV and, 422 clones and, 279 (see also cloning) comedians and, 385–98 connoisseurship and, 355n2 consumers and, 272 contested, 344 creativity and, 169 extrinsic traces, 210 generics and, 286, 291, 296, 297 (see also generic drugs) guilds and, 272 identity and, 280 industria copista, 291 innovation and, 296 invention and

incentivizing innovation. More important, perhaps, would be data indicating whether and what kind of creativity and innovation have the biggest effects on people’s lives. Some innovations, including those that dramatically lengthen people’s lives, have obvious benefi ts to well- being, and other innovations may be evidently worthless. But many cre- ations and discoveries may prove to have unexpected impacts on well- being. Knowing this could help people better understand how to draft intellectual property laws and doctrines. For a fi eld that is so deeply concerned with