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How Copyright Keeps Works Disappeared

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  • Paul J. Heald

Abstract

A random sample of new books for sale on Amazon.com shows more books for sale from the 1880s than the 1980s. Why? This article presents new data on how copyright stifles the reappearance of works. First, a random sample of more than 2,000 new books for sale on Amazon.com is analyzed along with a random sample of almost 2,000 songs available on new DVDs. Copyright status correlates highly with absence from the Amazon shelf. Together with publishing business models, copyright law seems to deter distribution and diminish access. Further analysis of eBook markets, used books on Abebooks.com, and the Chicago Public Library collection suggests that no alternative marketplace for out‐of‐print books has yet developed. Data from iTunes and YouTube, however, tell a different story for older hit songs. The much wider availability of old music in digital form may be explained by the differing holdings in two important cases, Boosey & Hawkes v. Disney (music) and Random House v. Rosetta Stone (books).

Suggested Citation

  • Paul J. Heald, 2014. "How Copyright Keeps Works Disappeared," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 11(4), pages 829-866, December.
    • Handle: RePEc:wly:empleg:v:11:y:2014:i:4:p:829-866
    DOI: 10.1111/jels.12057
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    Citations

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    Cited by:

    1. Alexander Cuntz & Matthias Sahli, 2024. "Intermediary liability and trade in follow-on innovation," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 48(1), pages 1-42, March.
    2. Kaiser, Franziska & Cuntz, Alexander & Peukert, Christian, 2023. "Batman forever? The role of trademarks for reuse in the US comics industry," Research Policy, Elsevier, vol. 52(8).
    3. Jeremy Watson, 2017. "What is the Value of Re-use? Complementarities in Popular Music," Working Papers 17-15, NET Institute.
    4. Milan Miric & Lars Bo Jeppesen, 2020. "Does piracy lead to product abandonment or stimulate new product development?: Evidence from mobile platform‐based developer firms," Strategic Management Journal, Wiley Blackwell, vol. 41(12), pages 2155-2184, December.
    5. Luis Aguiar & Zhizhong Chen, 2024. "Let that Sync in: The Effect of Music Reuse on Product Discovery," CESifo Working Paper Series 11249, CESifo.
    6. Kristelia García & James Hicks & Justin McCrary, 2020. "Copyright and Economic Viability: Evidence from the Music Industry," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 17(4), pages 696-721, December.
    7. Ruth Towse & Hyojung Sun, 2016. "Researching song titles, product cycles and copyright in published music: problems, results and data sources," ACEI Working Paper Series AWP-06-2016, Association for Cultural Economics International, revised Jun 2016.
    8. Christian Peukert & Margaritha Windisch, 2023. "The Economics of Copyright in the Digital Age," CESifo Working Paper Series 10687, CESifo.
    9. Alexander Cuntz & Paul J. Heald & Matthias Sahli, 2023. "Digitization and Availability of Artworks in Online Museum Collections," WIPO Economic Research Working Papers 75, World Intellectual Property Organization - Economics and Statistics Division.
    10. Alexander Cuntz & Matthias Sahli, 2023. "Ars longa, vita brevis: The death of the creator and the impact on exhibitions and auction markets," WIPO Economic Research Working Papers 76, World Intellectual Property Organization - Economics and Statistics Division.
    11. Alexander Cuntz & Franziska Kaiser, 2020. "Batman forever? The economics of overlapping rights," WIPO Economic Research Working Papers 61, World Intellectual Property Organization - Economics and Statistics Division.
    12. Boudreau, Kevin J. & Jeppesen, Lars Bo & Miric, Milan, 2022. "Profiting from digital innovation: Patents, copyright and performance," Research Policy, Elsevier, vol. 51(5).

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