We are excited to announce that Professor Adam Mossoff's recent article in the Michigan State Law Review, "How Copyright Drives Innovation in Scholarly Publishing," was voted by Thomson Reuters as one of the best law review articles related to intellectual property in the last year! As a result, it has been selected for inclusion in the 2016 edition of the Intellectual Property Law Review, an anthology published annually by Thomson Reuters (West).
Read the abstract below and access the full article here.
"Conventional wisdom holds that copyright is solely an incentive to spur authors to create new works, but copyright does more than just incentivize artists to create: It also enables publishers to distribute new works in the marketplace. In detailing this longneglected commercialization function of copyright, this Article fills two gaps in the literature. First, it reestablishes the longstanding commercialization function of copyright by reviewing case law and statutes that reflect this key policy. Second, it presents for the first time empirical data on $100s millions in investments and on related transaction costs incurred by scholarly publishers today. Scholarly publishing is an ideal case study because academic authors are not motivated by conventional copyright incentives; thus, it makes more salient the function of copyright law in incentivizing market intermediaries like publishers. Ultimately, this Article identifies the commercialization function of property rights in creative works and dispels the myth that the digital world is one of “zero cost” publication."