Boston University School of Law


Dissemination Must Serve Authors: How the U.S. Supreme Court Erred

Wendy J. Gordon
Boston University School of Law

Review of Economic Research on Copyright Issues, 2013, vol. 10(1), pp. 1-19
Boston University School of Law Public Law & Legal Theory Paper No. 13-33
Boston University School of Law Law & Economics Legal Research Paper No. 13-33



The US Congress has enacted expansions of copyright which arguably impose high social costs and generate little incentives for authorial creativity. When the two most expansive statutes were challenged as unconstitutional, the US Supreme Court rebuffed the challenges, partly on the supposed ground that copyright law could legitimately seek to promote non-authorial interests; apparently, Congress could enact provisions aiming to support non-creative disseminative activities such as publishing, or restoring and distributing old film stock, even if authorial incentives were not served. Such an error might have arisen because of three phenomena (in economics, history, and law, respectively) that might easily be misunderstood but which, when unpacked, no longer lead plausibly to a stand-alone embrace of disseminator interests. The purpose of this article is to analyse and comment on this error from several relevant points of view.


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Contact Information

Wendy J. Gordon
Boston University School of Law
765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-4420 (Phone)
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