Libson and Parchomovsky (2019)
Contents
Source Details
| Libson and Parchomovsky (2019) | |
| Title: | Toward the Personalization of Copyright Law |
| Author(s): | Libson, A., Parchomovsky, G. |
| Year: | 2019 |
| Citation: | Lisbon, A. and Parchomovsky, G. (2019), Toward the Personalization of Copyright Law, University of Chicago Law Review, Vol. 86 No. 2. |
| Link(s): | Definitive , Open Access |
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| About the Data | |
| Data Description: | The analysed data contain demographic characteristics of consumers of copyrighted content as followed: •Data from the Consumer Expenditure Survey of the Bureau of Labor Statistics, which provides a general picture of audio and video purchases. (2016); and |
| Data Type: | Secondary data |
| Secondary Data Sources: | |
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| Industry(ies): | |
| Country(ies): | |
| Cross Country Study?: | No |
| Comparative Study?: | No |
| Literature review?: | No |
| Government or policy study?: | No |
| Time Period(s) of Collection: |
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Abstract
“In this Essay, we provide a blueprint for personalizing copyright law in order to reduce the deadweight loss that stems from its universal application to all users, including those who would not have paid for it. We demonstrate how big data can help identify inframarginal users, who would not pay for copyrighted content, and we explain how copyright liability and remedies should be modified in such cases.”
Main Results of the Study
The availability of personalized consumption data has the potential to transform copyright law in three different ways: First, it will reduce the deadweight loss associated with copyright protection. Second, it calls for the adoption of differential statutory damages categories that take into account users’ propensities to pay for copyrighted content. Finally, it provides a prima facie case for exempting users with certain characteristics from copyright liability.
Policy Implications as Stated By Author
In terms of policy implications, according to the authors, by enabling differential pricing of copyrighted content, personalized consumption data can reduce the deadweight loss associated with copyright protection. Moreover, they argue that some consumption patterns suggest that a more limited copyright regime should apply to certain population segments with a lower propensity to purchase copyrighted content. Finally, based on their findings, they propose that different sanctions should be imposed for unauthorized uses of copyrighted content taking into account users’ characteristics. They suggest that personalizing copyright protection based on certain characteristics of copyright users would not only enhance welfare, since it would increase the use of copyrighted content, but also allow a fairer and more efficient copyright enforcement regime.
Coverage of Study
Datasets
| Sample size: | 81,417 |
| Level of aggregation: | Households |
| Period of material under study: | 2016, 2018 |
