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Grand Solutions and Modest Solutions to the Orphan Works Problem

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Ariel Katz

on 26 May 2010

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Transcript of Grand Solutions and Modest Solutions to the Orphan Works Problem

The Orphan Works Problem:
Why We should Reject Grand Solutions
and Prefer Modest Ones Ariel Katz
Associate Professor
Faculty of Law
University of Toronto 3 Basic Principles 1st Principle: Copyright law is based on a market logic Grant property right
Exchanged in a decentralized market
To optimize incentives to create works
2nd Principle: a market depends crucially on the ability of users and owners to locate each other and negotiate their deals.
If transaction costs are too high, the market will fail. 3rd Principle: Generally, "permission-first" is the optimal rule. Generally, but not always.
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