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Fair Use as Market Failure: A Structural and Economic Analysis of the "Betamax" Case and Its Predecessors

Wendy J. Gordon

Abstract

The text of Fair Use as Market Failure has three times been reprinted in full: in 1 Intellectual Property and Business (Stephen E. Margolis & Craig M. Newmark, eds., Edward Elgar Publishing: Business Economics Series. 2010); in 1 The Economics of Intellectual Property 377-434 (Ruth Towse & Rudi W. Holzhauer, eds. Edward Elgar Publishing, 2002); and at 30 Journal of the Copyright Society 253-326 (1983).

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Key concepts: Market failure, Economics, Law and economics, Business, Neoclassical economics