Vanderbilt Law Review Volume 60 | Issue 1 Article 3 1-2007 Copyright in an Era of Information Overload: Toward the Privileging of Categorizers Frank Pasquale Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Intellectual Property Law Commons Recommended Citation Frank Pasquale, Copyright in an Era of Information Overload: Toward the Privileging of Categorizers, 60 Vanderbilt Law Review 133 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol60/iss1/3 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact
[email protected]. Copyright in an Era of Information Overload: Toward the Privileging of Categorizers Frank Pasquale 60 Vand. L. Rev. 135 (2007) Environmental laws are designed to reduce negative externalities (such as pollution) that harm the natural world. Copyright law should adjust the rights of content creators in order to compensate for the ways they reduce the usefulness of the information environment as a whole. Every new work created contributes to the store of expression, but also makes it more difficult to find whatever work one wants. "Search costs" have been well- documented in information economics and addressed by trademark law. Copyright law should take information overload externalities like search costs into account in its treatment of alleged copyright infringers whose work merely attempts to index, organize, categorize, or review works by providing small samples of them. These categorizers are not "'free riding" off the labor of copyright holders.