The Law and Economics of Copyright, Contract and Mass Market Licences Research Paper

"This paper examines fundamental issues concerning the relationship between copyright and contract law. The use of mass market licences, such as shrinkwrap and clickwrap licences, has the potential to affect the traditional understanding of the relationship between copyright and contract. There remain considerable uncertainties concerning the legal enforceability of such licences. If enforceable, mass market licences may define the respective interests of copyright owners and users in ways that differ from the balance of interests established under copyright law. On the understanding that copyright protection performs important economic functions, this paper adopts a 'law and economics' framework for analysing policy issues relating to mass market licences. At the same time, it accepts that this form of analysis has some limitations." -- from the Preface, p. 1.