An Economic Model of Fair Use

Thomas Miceli and Richard P. Adelstein
Additional contact information
Richard P. Adelstein: Wesleyan University

No 2005-56, Working papers from University of Connecticut, Department of Economics

Abstract: The doctrine of fair use allows limited copying of creative works based on the rationale that copyright holders would consent to such uses if bargaining were possible. This paper develops a formal model of fair use in an effort to derive the efficient legal standard for applying the doctrine. The model interprets copies and originals as differentiated products and defines fair use as a threshold separating permissible copying from infringement. The analysis highlights the role of technology in shaping the efficient standard. Discussion of several key cases illustrates the applicability of the model.

Keywords: Fair use; copyright law; technological improvement (search for similar items in EconPapers)
JEL-codes: K11 O34 (search for similar items in EconPapers)
Pages: 30 pages
Date: 2005-11
New Economics Papers: this item is included in nep-ipr, nep-pr~, nep-law and nep-reg
Note: We wish to acknowledge the helpful comments of two referees.
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Related works:
Journal Article: An economic model of fair use (2006)
Working Paper: An Economic Model of Fair Use (2005)
Working Paper: An Economic Model of Fair Use (2003)
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Persistent link: https://EconPapers.repec.org/RePEc:uct:uconnp:2005-56

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