Contracting About the Future: Copyright and New Media

Darling, Kate | October 1, 2012

This Article delves into the reasoning behind European restrictions on granting rights to unknown uses of copyrighted works and evaluates the legislative assumptions from a law and economics perspective. This Article finds it economically plausible that the distribution deemed undesirable by the restrictive legislatures will occur in absence of legal intervention. When individuals, such as the screenplay writer, engage in contract negotiations with publishers, they are often in a poor bargaining position due to economic factors that leave authors with the shorter end of deals.