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Copyright's Paradox$
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Neil Weinstock Netanel

Print publication date: 2008

Print ISBN-13: 9780195137620

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780195137620.001.0001

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 The Propertarian Counter‐Argument

 The Propertarian Counter‐Argument

(p.154) Chapter Seven The Propertarian Counter‐Argument
Copyright's Paradox

Neil Weinstock Netanel (Contributor Webpage)

Oxford University Press

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

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