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Grand Solutions and Modest Solutions to the Orphan Works Problem
Transcript of Grand Solutions and Modest Solutions to the Orphan Works Problem
Why We should Reject Grand Solutions
and Prefer Modest Ones Ariel Katz
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.