An Economic Model for the Incentive/Access Paradigm of Copyright Propertization: An Argument In Support of the Proposed New 514 to the Copyright Act

This article proposes an economic model of the incentive-access paradigm for copyright designed to correspond to the goal of maximizing societal welfare. The article begins with a discussion on the foundations of copyright and the objectives of the Constitution’s Copyright Clause. The article adopts the majority view that the Constitution mandates that the copyright regime is designed to optimize the positive welfare impacts from copyright protection. Under this view, similarly as antitrust “protects competition, not competitors”, the copyright regime should protect creativity, not creators. The result of this underlying policy objective is that the level of copyright propertization becomes a balancing test where Congress and the courts should set the extent of the rights granted in the Copyright Act to a level that maximizes the aggregate societal benefit from copyrightable subject matter. After laying this legal foundation, the article analysis the strengths and weaknesses of some economic models presented in academic literature. The focus of this discussion is the model proposed by William M. Landes and Richard A. Posner, but also includes a scan of some of the other relevant academic models. The majority of the economic models that have been proposed for intellectual property are built around marginal unit cost analysis, and the article questions whether -- especially in a digital environment that analysis presents a valid basis for modeling. The article then proposes a microeconomic formulation of the incentive-access paradigm that captures the economic concepts needed for Congress and the courts to derive policy decisions that maximize societal welfare. The article concludes with a discussion of an implicit real-world application of the model. In its recent report on so-called “orphan works” the Copyright Office proposes that copyright protection where the owner is unidentifiable is reduced to a liability rule. This is consistent with the model’s conclusion that reducing access costs at the outer perimeters of copyright protection will result in a net increase in output, and thereby in a net societal gain. The article suggests that policymakers and courts should view changes to the level of copyright protection through the lens of the proposed model to ensure that the copyright regime evolves in a manner consistent with the utilitarian objectives of the Constitution

An Economic Model for the Incentive/Access Paradigm of Copyright Propertization: An Argument in Support of the Orphan Works Act

This article proposes an economic model of the incentive-access paradigm for copyright designed to correspond to the goal of maximizing societal welfare. The article begins with a discussion on the foundations of copyright and the objectives of the Constitution\u27s Copyright Clause. The article adopts the majority view that the Constitution mandates that the copyright regime is designed to optimize the positive welfare impacts from copyright protection. Under this view, similarly as antitrust protects competition, not competitors, the copyright regime should protect creativity, not creators. The result of this underlying policy objective is that the level of copyright propertization becomes a balancing test where Congress and the courts should set the extent of the rights granted in the Copyright Act to a level that maximizes the aggregate societal benefit from copyrightable subject matter. After laying this legal foundation, the article analyses the strengths and weaknesses of some economic models presented in academic literature. The focus of this discussion is the model proposed by William M. Landes and Richard A. Posner, but also includes a scan of some of the other relevant academic models. The majority of the economic models that have been proposed for intellectual property are built around marginal unit cost analysis, and the article questions whether--especially in a digital environment-that analysis presents a valid basis for modeling. The article then proposes a microeconomic formulation of the incentive-access paradigm that captures the economic concepts needed for Congress and the courts to derive policy decisions that maximize societal welfare. The article concludes with a discussion of an implicit real-world application of the model. In its recent report on so-called orphan works the Copyright Office proposes that copyright protection where the owner is unidentifiable is reduced to a liability rule. This is consistent with the model\u27s conclusion that reducing access costs at the outer perimeters of copyright protection will result in a net increase in output, and thereby in a net societal gain. The article suggests that policymakers and courts should view changes to the level of copyright protection through the lens of the proposed model to ensure that the copyright regime evolves in a manner consistent with the utilitarian objectives of the Constitution

Fungi causing powdery mildew on plants of a Botanical Garden in Southern Finland

Publisher Copyright: © 2021 Finnish Mycological Society. All rights reserved.Fungi that cause powdery mildew on plants are plant pathogenic parasites (Erysiphales) and can significantly reduce the ornamental value of plants and cause significant yield losses among cultivated plants. In this study, 94 plant accessions infected with powdery mildew were observed in Kumpula Botanic Garden, Helsinki, Finland, in 2015. The taxonomic affiliation and species richness of powdery mildew fungi were investigated. Morphological studies by microscope distinguished only 14 fungal species, whereas further comparisons of internal transcribed spacer (ITS) sequences enabled the identification of 28 species. Hence, ITS sequencing improved the reliability of species determination, as compared with the use of morphological characteristics only. The vegetation in an area of six hectares supported a wide range of fungi that cause powdery mildew as well as hyperparasitic microbes, which may balance the impact of pathogens in host plants. The findings of this study emphasize the role of botanical gardens in protecting biological diversity in urban areas.Peer reviewe

Broiler welfare index based on slaughter-house variables

The purpose of this study was to develop a welfare index which is suitable for Finnish broiler production. Animal welfare problems in broiler production are connected to fast growth and production environment

Psykoterapeutit Suomessa : Psykoterapiapalvelut ja niiden järjestäminen

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Explaining job satisfaction and job control: a survey among finnish psychiatrists

Background: Job satisfaction has a major impact on mental health and job performance. Additionally, expected work satisfaction may influence choice of specialization within medicine. Methods: A postal survey was conducted in 2009 among the members (N=1398) of Finnish Psychiatric Association. Out of the members 1132 were still working-aged. All in all 64.8% (N=738) of the working-aged members returned the survey. Only psychiatrists and residents were included in the final cohort of the study (N=665). Factors associated to work satisfaction were studied and a principal component analysis was conducted on factors reported to disturb working. The correlations of factors scores with job satisfaction and job-control were analyzed. Spearman correlation coefficients were calculated between factor scores and work satisfaction. Results: Most respondents (73.8%) were satisfied with their work. Job satisfaction showed a negative correlation with increase in pace of work (rho=-0.24, p&lt;0.001). Job control correlated positively with job satisfaction (rho=0.46, p&lt;0.001). &quot;Working conditions&quot; factor explained 28.6%, &quot;leadership&quot; 8.8%, &quot;failure without support&quot; 7.8%, fear at work 6.5% and &quot;patient records&quot; factors 5.9% of the variation of perceived harmful factors at work. &quot;Working conditions&quot; and &quot;leadership&quot; factors showed the strongest and most significant negative correlations with job satisfaction (rho= -0.45, p&lt;0.001, rho=-0.32, p&lt;0.001, respectively. &quot;Working conditions&quot; associated strongly and significantly with job control (rho=-0.57, p&lt;0.001). Conclusion: Job satisfaction may be better than expected among psychiatrists considering the findings of prevalence estimates of burnout in various other studies. However, employers should put emphasis on matching employers and type of work to promote well-being of their employees.</p

Formation of canker lesions on stems and black scurf on tubers in experimentally inoculated potato plants by isolates of AG2-1, AG3 and AG5 of Rhizoctonia solani: a pilot study and literature review

Development of black scurf on potato tubers (cv. Nicola) was compared in plants inoculated with isolates of Rhizoctonia solani of three anastomosis groups (AG2-1, AG3 and AG5) which occur in potato crops in Finland. All isolates induced stem canker lesions but only isolates of AG3 formed efficiently black scurf on progeny tubers. Among the AG2-1 and AG5 isolates tested, only one AG2-1 isolate formed a few sclerotia on 13.5 % of the progeny tubers in one experiment. The data indicate that isolates of AG3 differ from those of AG2-1 and AG5 in having a higher ability to form sclerotia on tubers. Therefore, while AG2-1 and AG5 isolates have a broader host range, AG3 is more efficient in producing black scurf, which provides this anastomosis group with more efficient means of dissemination on seed potatoes. These differences probably explain the predominance of AG3 (98.9 % of isolates) in potato crops in Finland and other northern potato production areas