Efforts to answer some of these questions include:
- Breyer;
- Tyerman, "The Economic Rationale for Copyright Protection for Published
Books: A Reply to Professor Breyer," UCLA Law Review 18 (1971):
1100;
- Abramson, "How Much Copying Under Copyright? Contradictions, Paradoxes,
Inconsistencies," Temple Law Review 61 (1988): 133, 142-45;
- Kenneth Arrow, "Economic Welfare and the Allocation of Resources for
Invention," in The Rate and Direction of Inventive Activity
(National Bureau of Economic Research 1962).
The large majority of scholars, however, despair of reaching any satisfactory
answers to these questions. See, for example:
- Arnold Plant, "The Economic Aspect of Copyright in Books," in
Selected Economic Essays and Addresses (1974), 58-62;
- Robert M. Hurt & Robert M. Schuchman, "The Economic Rationale of
Copyright," American Economic Review 56 (1966): 425-26;
- Jessica Litman, "The Public Domain," Emory Law Journal
34 (1990): 997;
- Lloyd Weinreb, "Copyright
for Functional Expression," Harvard Law Review 111 (1998): 1149-1254,
at 1232-36;
- John Shepard Wiley, Jr., "Bonito Boats: Uninformed but Mandatory Innovation
Policy," Supreme Court Review (1989), 283;
- Fisher, "Fair Use," at 1739;
- Yen, "Restoring the Natural Law," supra.