Modern copyright law is based upon a theory: increase copyright protection and you increase the number of creative works available to society. This theory has been the driving force behind an economic vision that has expanded, beyond all recognition, the original law created by the Statute of Anne. And with this expansion, we are told that the costs associated with copyright are worthwhile because of the bounty it produces. What if this theory could be tested? After all, this is not a question of faith or morality, nor is it a statement on how humans should behave; it is a theory about how humans do behave. In this Article, we use statistical analysis to test the theory that increasing copyright protection usually increases the number of new creative works. Relying upon U.S. copyright r...
US copyright law accords its bundle of rights to the author of the work. But despite the centrality of this figure in the Copyright Act, the statute doesn't define the term, and commentators have yet to agree on precisely what characteristics this creature should have. Copyright law might, therefore, better accomplish its goals if it took better account of the activities and interests of authors rather than focusing on the products of their creativity. Different types of authors engage in different modes of creation and therefore have different interests in controlling the results of their work. The goal of this Article is to consider whether copyright law would be improved by recognizing this perspective. While any large-scale transformation of US copyright law will have to wait for a ...
[...] copying whether sought to be proven through evidence of access and similarities or striking or probative similarities, is most likely to be absent upon an alleged infringer's motion for summary judgment.
Israel finally updated its copyright law recognizing the need to address copyright issues statutorily in the age of computers and the Internet, rather than leave these matters entirely to the court. A big change from the old law is what is known as Crown Copyright -- Sec 6 of the new Israeli law titled Official Publications. It provides that the state is no longer the copyright owner of statutes, regulations, Knesset Protocols, and judicial decisions of courts. Sec 24 and 26 are the most important in the new law with regard to modern copyright issues related to software and computers. The law now expressly permits copying and modifying software for backup installation, maintenance, data security breach protection, and reverse engineering for interoperability. Sec 48(5) allows the import...
Brand owners around the world had reason to celebrate on Sep 3, 2008. On that day, the US Court of Appeals for the Ninth Circuit decided Omega SA v. Costco Wholesale Corp, concluding that at least some of these owners could use copyright law to prevent unauthorized importation of their products into the US. In Quality King Distributors Inc v. L'anza Research International Inc, the Supreme Court held that Section 602(a) of the Copyright Act, which provides that unauthorized importation of copies that have been acquired outside the US is an infringement of the exclusive right to distribute copies or phonorecords under section 106, does not prevent the importation of domestically manufactured copies first sold abroad. This note explains the case law leading up to Omega and summarizes the N...
Most often, courts and commentators have characterized Section 102(b) of the Copyright Act of 1976 as a codification of the so-called idea/expression dichotomy, that is, the long-standing copyright principle that this law protects authors against illicit appropriations of expressive aspects of their works, although not of the ideas the works contain. This Article will call this the "idea/expression distinction." Others have described Sec 102(b) as a codification of the Supreme Court's 1880 decision in Baker v. Selden, which held that systems or methods of bookkeeping were beyond the scope of copyright protection in a book describing or explaining the system, and of Baker's progeny. Part I of this article begins by demonstrating that the Supreme Court's decision in Baker did not, as has ...
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