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The Limits of the Distributive Account of Copyright Law: Rawls, Inequality, and the Private Ordering of Law
Ogulcan Ekiz 
Elgar Research Handbook on Intellectual Property and Social Justice
Swansea University Author:
Ogulcan Ekiz
Abstract
This chapter critically examines the distributive account of copyright law through the lens of John Rawls’s theory of justice as fairness. While proponents of this framework argue that copyright can be evaluated based on its ability to uphold equal liberties and distribute income and opportunities f...
| Published in: | Elgar Research Handbook on Intellectual Property and Social Justice |
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| Published: |
Edward Elgar Publishing
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| URI: | https://cronfa.swan.ac.uk/Record/cronfa70316 |
| Abstract: |
This chapter critically examines the distributive account of copyright law through the lens of John Rawls’s theory of justice as fairness. While proponents of this framework argue that copyright can be evaluated based on its ability to uphold equal liberties and distribute income and opportunities fairly within creative industries, this chapter challenges the assumption that copyright law functions in isolation from broader socio-economic structures. It argues that copyright law’s practical implementation is heavily shaped by private ordering, power imbalances, and informal enforcement. These factors limit users’ ability to exercise legal exceptions, disproportionately benefiting more powerful actors. The chapter concludes that without addressing these structural conditions, the application of Rawlsian principles to copyright law risks being normatively appealing but practically inadequate in achieving distributive justice. |
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| Keywords: |
Distributive Justice, Justice as Fairness, Private Ordering of the Law, Copyright Law, Legal Theory |
| College: |
Faculty of Humanities and Social Sciences |