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An influential group of commentators assert that the public suffers when valuable copyrighted works fall into the public domain.One concern is under-exploitation, the possibility that a work without an owner will not be adequately distributed or otherwise made available to the public.According to William Landes and Richard Posner, "[A]n absence of copyright protection for intangible works may lead to inefficiencies because . . . of impaired incentives to invest in maintaining and exploiting these works."'Congress, 2 the courts, 3 and
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