Andrew Gilden, ‘Copyright’s Market Gibberish’

There is a growing contradiction at the core of copyright law. Although courts and scholars frequently assert that copyright is only about authors’ economic interests, copyright law routinely protects interests such as privacy, sexual autonomy, reputation, and psychological well-being. It just uses the language of money and markets to do so. This Article shows that copyright law routinely uses economic rhetoric to protect a broad range of noneconomic interests — a practice it names ‘market gibberish’. Market gibberish muddies copyright jurisprudence and has sweeping practical, conceptual, and distributive impacts …

Gilden, Andrew, Copyright’s Market Gibberish (December 3, 2018). Washington Law Review, forthcoming.

First posted 2018-12-05 06:43:07

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