It is the position of this article that the benefits of a regime of copyright law can be maintained while shedding at least some of the wastefulness of monopolistic competition. This article cuts against the grain of modem copyright law by making the case that a more substantive approach to the issues of creativity and authorship would lower costs, streamline the system, and raise the level of socially beneficial creativity. In Section II, I will elaborate on the allocative/distributive distinction and their interconnectedness. In Section III, I will focus on an enhanced creativity standard and argue that an elevated standard is unlikely to cause anything of value to be lost. I turn to the matter of authorship in Section IV.
Jeffrey L. Harrison, Rationalizing the Allocative/Distributive Relationship in Copyright, 32 Hofstra L. Rev. 853 (2004), available at http://scholarship.law.ufl.edu/facultypub/81