Essays adopting such an approach include:
- William Fisher, "Reconstructing the Fair Use Doctrine," Harvard
Law Review
101 (1988), 1661-1795, at 1698-1744;
- S.J. Liebowitz, "Copying and Indirect Appropriability: Photocopying
of Journals," Journal of Political Economy 93 (1985), 945;
- A. Samuel Oddi, "Beyond Obviousness: Invention Protection in the Twenty-First
Century," American University Law Review 38 (1989): 1097, at
1101-02, 1114-16;
- Frederic M. Scherer, Industrial Market Structure and Economic Performance
ch. 16 (2d ed. 1980);
- The two essays by Landes and Posner discussed in the ensuing paragraph.
The history of this perspective is traced in Gillian K. Hadfield, "The
Economics of Copyright: An Historical Perspective," Copyright Law Symposium
(ASCAP) 38 (1992), 1-46.