Author
Paul J. Heald
Description
Using empirical evidence gathered from Amazon.com, eBook markets, used books on Abebooks.com, and the Chicago Public Library, this paper explores whether copyright correlates to the disappearance of works rather than their availability.
Date
2013 July 5
Abstract
The abstract provided by the author(s) of this work is as follows:
A random sample of new books for sale on Amazon.com shows more books for sale from the 1880’s than the 1980’s. Why? This paper presents new data on how copyright stifles the reappearance of works. First, a random sample of more than 2000 new books for sale on Amazon.com is analyzed along with a random sample of almost 2000 songs available on new DVD’s. Copyright status correlates highly with absence from the Amazon shelf. Together with publishing business models, copyright law seems to deter distribution and diminish access. Further analysis of eBook markets, used books on Abebooks.com, and the Chicago Public library collection suggests that no alternative marketplace for out-of-print books has yet developed. Data from iTunes and YouTube, however, tell a different story for older hit songs. The much wider availability of old music in digital form may be explained by the differing holdings in two important cases Boosey & Hawkes v. Disney (music) and Random House v. Rosetta Stone (books).
Commentary
This paper was subsequently published in the Journal of Empirical Legal Studies, Vol. 11, Issue 4, pp. 829-866, 2014 .
Publisher
Social Science Research Network (SSRN)
Institution
University of Illinois College of Law
Jurisdiction
United States
Language
ENG
Size
1.0 MB, 55 pp.
Copyright Information
In Copyright
Rights and Reuse
All Rights Reserved
Cortex Citation:
Paul J. Heald, “How Copyright Keeps Works Disappeared,” Copyright Cortex, accessed October 18, 2026, https://copyright-cortex.org/research/how-copyright-keeps-works-disappeared.
Paul J. Heald, “How Copyright Keeps Works Disappeared,” Copyright Cortex, accessed October 18, 2026, https://copyright-cortex.org/research/how-copyright-keeps-works-disappeared.