Mossoff Honored with Intellectual Property Law Review Selection
An article written by Professor Adam Mossoff has been named by the Intellectual Property Law Review as one of the best IP law review articles published in the last year. His article, “How Copyright Drives Innovation: A Case Study of Scholarly Publishing in the Digital World,” was published in the Michigan State Law Review in 2015 and will be included in the 2016 edition of the Intellectual Property Law Review.
The Intellectual Property Law Review is an annual anthology published by Thomson Reuters. Each year, top law review articles published on the topic of intellectual property law are selected for inclusion in the anthology.
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 long-neglected 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.