See, for example:

• Wendy J. Gordon, "An Inquiry into the Merits of Copyright: The Challenges of Consistency, Consent, and Encouragement Theory," Stanford Law Review 41 (1989): 1343, at 1439-49;
• Robert P. Merges, "Are You Making Fun of Me?: Notes on Market Failure and the Parody Defense in Copyright," AIPLA Q.J. 21 (1993): 305, at 306-07;
• Neil Netanel, "Copyright in a Democratic Civil Society," Yale Law Journal 106 (1996): 283, at 308-310.

In this vein, Robert Merges has argued that lawmakers should not be quick to institute compulsory licensing systems. Private institutions (like collective rights management organizations) are likely to be superior to any governmentally mandated regime -- and will often spring up spontaneously if lawmakers refuse to intervene.