Brian L. Frye, University of Kentucky College of Law, has published Copyright & Cultural Production. Here is the abstract.
The purpose of copyright is to encourage the production of works of authorship. Indeed, the Intellectual Property Clause of the United States Constitution explicitly grants Congress the power, "To promote the progress of science … , by securing for limited times to authors … the exclusive right to their … writings." In the 18th century, "science" meant "knowledge or learning," so the Constitution authorized Congress to create copyright in order to promote knowledge and learning, as embodied in works of authorship. But what does that tell us about the justification for copyright protection, and how we should evaluate its scope and duration? Or rather, how do we ensure that copyright maximizes cultural production?Download the article from SSRN at the link.