Copyright Law Empowers Corporations, Disadvantages Artists and Consumers
The essay explores how the law that governs copyrights influences the power dynamics between parties in a contract. This "background law" affects how much each party knows and controls in negotiations. The study looks at three types of contract situations: artists and those who hire them, employees and employers, and software companies and customers. It shows that these background laws can create imbalances in knowledge and market power between parties. For example, in the case of artists and hiring parties, the creator with more copyright knowledge has an advantage. Similarly, in software contracts, one party can set industry norms. Overall, the research demonstrates how copyright laws can impact the bargaining power of different parties in a contract setting.