In this Article, we provide a blueprint for personalizing copyright law in order to reduce the deadweight loss that stems from its universal application to all users, including those who would not have paid for it. We demonstrate how big data can help identify inframarginal users, who would not pay for copyrighted content, and we explain how copyright liability and remedies should be modified in such cases.
Libson, Adi and Parchomovsky, Gideon, "Toward the Personalization of Copyright Law" (2019). Faculty Scholarship at Penn Law. 2059.