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Andrew Gilden on Copyright & Market Gibberish

Season 1, Ep. 76

In this episode, Andrew Gilden, Assistant Professor of Law at Willamette University College of Law, discusses his article "Copyright's Market Gibberish," which will appear in the Washington Law Review. Gilden observes that while the dominant form of copyright rhetoric holds that copyright only protects economic interests, court actually allow many copyright owners to achieve non-economic goals. He argues that this misleading use of economic language - "market gibberish" - obscures the real normative decisions courts are making and effectively discriminates against those without market power. He suggests that copyright ought to be circumspect about economic rhetoric and more sensitive to legitimate privacy claims. Gilden is on Twitter at @andrew_gilden.

Keywords: Intellectual Property, Copyright, Right of Publicity, Estates, Property


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