Robin A. Moore (New York University – School of Law) has posted Fair Use, Innovation and New Markets (New York University Law Review, Forthcoming) on SSRN. Here is the abstract:
Economic analyses of fair use have omitted an important variable: the incentive to innovate new technologies that change the way people use copyrighted works (e.g. the VCR and Google Print). My paper extends the current economic models of fair use to correct this omission; it then evaluates possible doctrinal rules that may better promote social welfare.