All Article Summaries

Large firms have an advantage in innovation. A new model shows that large firms are better at commercializing new inventions. The advantage is less in sectors where innovators can easily license technologies to other firms.

Rereading the case in which the Supreme Court first recognized transformative fair use could help the Supreme Court resolve tension between derivative rights and transformative fair use in Andy Warhol Foundation v. Goldsmith.

The case of Andy Warhol Foundation v. Lynn Goldsmith arose when one artist’s copyrighted work was used to create a second artist’s work. The key factor is the effect of the alleged infringement on the value of the first work.

From 2001 to 2021, digital technologies have challenged U.S. copyright law. Key copyright concepts affected include the scope of exclusive rights, fair use, and liability of online service providers for infringement.

Gains from innovation and opportunities to innovate are not distributed equally. Sometimes, the patent system helps the poor become richer, but can also help the rich become richer.

Some antitrust policymakers are recognizing the importance of innovation competition, including nonprice competition and technological change. Antitrust policymakers must update their analysis to avoid errors.

Traditional methods of estimating returns to research and development (R&D) ignore gains from selling or licensing intellectual property. Counting these gains shows they are an important source of returns to R&D.

Memes challenge basic assumptions underlying copyright law. Creators of memes want to be copied. Creators may use copyright selectively to prevent changes to a meme by a select few.

The 1996 Communications Decency Act (CDA) makes online platforms immune from liability for harmful content posted by third parties. Platforms should enjoy immunity only if the platform takes reasonable steps to prevent harm.

The Supreme Court has ruled that consumers lack standing under the Fair Credit Reporting Act (FCRA) until their credit reports were sent to third-party businesses. The Court’s test for standing is unsatisfactory.