Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension
The notion of ‘markets’ occupies a prominent yet ambiguous position in copyright discourse. When the term is raised, the copyright owner’s market tends to be taken as its implicit meaning, perpetuating an assumption that the market needs to be protected solely to preserve incentives to create. T...
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| Format: | Journal Article |
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Law School, University of New South Wales
2021
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| Online Access: | http://hdl.handle.net/20.500.11937/87285 |
| _version_ | 1848764906200891392 |
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| author | Foong, Cheryl |
| author_facet | Foong, Cheryl |
| author_sort | Foong, Cheryl |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | The notion of ‘markets’ occupies a prominent yet ambiguous position
in copyright discourse. When the term is raised, the copyright
owner’s market tends to be taken as its implicit meaning, perpetuating
an assumption that the market needs to be protected solely to
preserve incentives to create. This dominant narrative overshadows
an important dimension of copyright markets – disseminative
competition, which is characterised by rival disseminators competing
for inputs (copyright content) and audiences (copyright consumers).
With the aid of competition law principles, this article distinguishes
competition for dissemination of content from competition for the
creation of content. It underscores the importance of dissemination
markets to a well-functioning copyright system and shows how
certain copyright doctrines substantively impact on disseminative
competition. In reframing contemporary understandings of copyright
markets, this article highlights the biases in copyright infringement
analysis that may favour incumbent content disseminators to the
detriment of a vibrant and innovative digital economy. |
| first_indexed | 2025-11-14T11:26:48Z |
| format | Journal Article |
| id | curtin-20.500.11937-87285 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T11:26:48Z |
| publishDate | 2021 |
| publisher | Law School, University of New South Wales |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-872852022-01-14T03:48:17Z Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension Foong, Cheryl 1801 - Law 4806 - Private law and civil obligations The notion of ‘markets’ occupies a prominent yet ambiguous position in copyright discourse. When the term is raised, the copyright owner’s market tends to be taken as its implicit meaning, perpetuating an assumption that the market needs to be protected solely to preserve incentives to create. This dominant narrative overshadows an important dimension of copyright markets – disseminative competition, which is characterised by rival disseminators competing for inputs (copyright content) and audiences (copyright consumers). With the aid of competition law principles, this article distinguishes competition for dissemination of content from competition for the creation of content. It underscores the importance of dissemination markets to a well-functioning copyright system and shows how certain copyright doctrines substantively impact on disseminative competition. In reframing contemporary understandings of copyright markets, this article highlights the biases in copyright infringement analysis that may favour incumbent content disseminators to the detriment of a vibrant and innovative digital economy. 2021 Journal Article http://hdl.handle.net/20.500.11937/87285 10.53637/REJI4336 Law School, University of New South Wales unknown |
| spellingShingle | 1801 - Law 4806 - Private law and civil obligations Foong, Cheryl Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension |
| title | Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension |
| title_full | Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension |
| title_fullStr | Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension |
| title_full_unstemmed | Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension |
| title_short | Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension |
| title_sort | reconceptualising copyright markets: disseminative competition as a key functional dimension |
| topic | 1801 - Law 4806 - Private law and civil obligations |
| url | http://hdl.handle.net/20.500.11937/87285 |