Although many copyrighted works are close substitutes for other copyrighted works, there would be many more close substitutes of certain works in the absence of the derivative right, the exclusive right to create adaptations of a copyrighted work. Yet even the derivative right’s defenders identify the suppression of new expression as a cost of the derivative right. In this Article, Professor Michael Abramowicz argues that the conventional defense of the derivative right, i.e., it encourages production of new works, is unsupported, and that the derivative right’s suppression of works that would be close substitutes for authorized derivatives and for one another, may well be welfare-improving. Rent dissipation theory, previously applied by commentators to patent law, suggests two implications for copyright’s derivative right: First, the derivative right prevents copyright races, which would rush authors into creating low-quality adaptations of their works. Second, the right prevents excessive competition among unauthorized derivative works. This theory allows the derivative right to be distinguished more clearly from the reproduction right, potentially helping to resolve thorny doctrinal problems. In addition, this understanding of the derivative right may provide a better justification than the defense previously offered for the long copyright term, because the derivative right increases in importance relative to the reproduction right late in the copyright term.
News & Events
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Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
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Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
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Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
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Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
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Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
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