Construct · 1 fields · 1 citations

market failure theory of fair use: a standalone construct

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Intellectual property law

the view that fair use is justified when transaction costs or other market failures prevent a license from being negotiated.

In intellectual property law, market failure theory of fair use refers to the view that fair use is justified when transaction costs or other market failures prevent a license from being negotiated. This meaning comes from Gordon (1982) in Columbia Law Review.[1]

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Nearby constructs

being3 fields · 3 citationsjingle · one word, three constructs failure4 fields · 6 citationsjingle · one word, four constructs fair use1 fields · 1 citationsanchor · a standalone construct

References

Gordon, W. J. (1982). Fair Use as Market Failure: A Structural and Economic Analysis of the "Betamax" Case and Its Predecessors. Columbia Law Review, 82(8), 1600. https://doi.org/10.2307/1122296

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