The “Blurred Lines” of Copyright Infringement
研究司法版权执行如何影响艺术创作努力，比较美国法院常用制裁规则，为独立创作辩护提供经济基础，并建议用强制许可补充诉讼。校准显示法院判赔可能抑制创造力。
This paper studies the creative process in a model in which the level and direction of artistic effort are affected by judicial copyright enforcement. The analysis compares the performance of common sanctioning rules employed by US courts in infringement cases and provides an economic microfoundation for the independent creation defense in copyright law. Using a mechanism-design approach, the paper highlights the benefits of complementing copyright litigation with a system of compulsory licensing. A calibration of the model that fits a leading music infringement case suggests that the damages awarded by courts may stifle creativity, as they substantially exceed those required to deter excessive entry and copying.