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    Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension

    Access Status
    Open access via publisher
    Authors
    Foong, Cheryl
    Date
    2021
    Type
    Journal Article
    
    Metadata
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    Citation
    Foong, C. 2021. Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension. University of New South Wales Law Journal. 44 (3): pp. 1014-1046.
    Source Title
    University of New South Wales Law Journal
    DOI
    10.53637/REJI4336
    ISSN
    0313-0096
    Faculty
    Faculty of Business and Law
    School
    Curtin Law School
    URI
    http://hdl.handle.net/20.500.11937/87285
    Collection
    • Curtin Research Publications
    Abstract

    The notion of ‘markets’ occupies a prominent yet ambiguous position in copyright discourse. When the term is raised, the copyright owner’s market tends to be taken as its implicit meaning, perpetuating an assumption that the market needs to be protected solely to preserve incentives to create. This dominant narrative overshadows an important dimension of copyright markets – disseminative competition, which is characterised by rival disseminators competing for inputs (copyright content) and audiences (copyright consumers). With the aid of competition law principles, this article distinguishes competition for dissemination of content from competition for the creation of content. It underscores the importance of dissemination markets to a well-functioning copyright system and shows how certain copyright doctrines substantively impact on disseminative competition. In reframing contemporary understandings of copyright markets, this article highlights the biases in copyright infringement analysis that may favour incumbent content disseminators to the detriment of a vibrant and innovative digital economy.

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