A copyright system is designed to produce an ecology that nurtures the creation, dissemination, and enjoyment of works of authorship. When it works well, it encourages creators to generate new works, assists intermediaries in disseminating them widely, and supports readers, listeners, and viewers in enjoying them. If the system poses difficult entry barriers to creators, imposes demanding impediments on intermediaries, or inflicts burdensome conditions and hurdles on readers, then the system fails to achieve at least some of its purposes. The current U.S. copyright statute is flawed in all three respects. In this Article, I explore how the current copyright system is failing its intended beneficiaries. The foundation of copyright law’s legitimacy, I argue, is built on its evident ...
The Copyright Office is proposing the adoption of new fees for the registration of claims, recordation of documents, special services, Licensing Division services, and processing of FOIA requests. The proposed fees would recover a significant part of the costs to the Office for services that benefit both copyright owners and the public, and provide full cost recovery for many services which benefit only or primarily the user of that service. As part of the fee setting process, the Office is providing an opportunity to the public to comment on the proposed changes before submitting the fee schedule to Congress for review.
Introduction I. Forgery As Copyright Infringement A. "Forgery" Defined B. A Simple Case Of Infringement II. Utility, Copyright, And The Fine Arts A. Utility At The Founding B. The Birth Of A Utilitarian Copyright C. The Emergence Of The Philosophy Of Natural Right, Or How Copyright Came To Protect The Fine Arts III. Exposing The Pretension Of Copyright A. Doing The Utilitarian Math 1. Happiness 1 2. Suffering 0 3. Suffering 1 4. Happiness 2 B. Conclusion
This Article examines the possible effect the Supreme Court's landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause. Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment's right to bear "arms" and the Free Press Clause's right to the freedom of the "press," meaning the printing press. Both rights were viewed, moreover, as pre-existing, natural rights to the Framing generation and were separately called during the Framing the "palladium of liberty" and essential to "the security of freedom in a state." The...
As a licenser of print and digital rights, the Copyright Clearance Center is almost certain to enter the work lives of those responsible for delivering information: librarians, educators, non-profits, document suppliers, public relations experts, or marketing specialists. Billed as a "One-Stop Shop Around the Clock," CCC's centralized system is a convenient service for any user who's seeking permission to reproduce copyrighted works. Despite its significance, CCC faces criticism from its customers, who tend to blame it for ever-increasing royalty fees. Users of CCC's services are also frustrated by the monopolistic control the nonprofit seems to have over granting rights permissions in the U.S. Despite the disparagement it often faces, CCC has gone out of its way to make a number of tr...
The U.S. Copyright Office is in the process of reviewing its fees for services and will publish a proposed revised fee schedule in the spring. As part of the process of formulating that fee schedule, the Office seeks the views of interested parties on two particular issues: (1) With respect to the basic registration fee, should special consideration be provided to individual author-claimants registering a single work, and (2) are there any special services and corresponding fees the Office should expand, improve or add to its offerings at this time, including, for example, additional expedited services and fee options.
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