Introduction
Author | Cameron Hutchison |
Pages | 1-12 |
[ 1 ]
Introduction
A. THE INTERESTS THAT COPYRIGHT LAW IS TO ADVANCE
Copyright law is best understood as a policy tool whose overarching
purpose is to promote the generation of knowledge and culture in soci-
ety. It is generally accepted that copyright law does this by advancing
certain interests. ese are () authorial incentive (to ensure an adequate
level of monopoly rights protection for authors so that they have incen-
tive to create “works,” such as music, books, and computer programs,
through commercial exploitation), () user rights (to ensure that down-
stream authors and users of such works can benefit from using those
works in new or productive ways during the term of the monopoly),
and () dissemination (to promote the widest possible dissemination to
the public of these works and their uses). In so doing (and possibly as
a fourth interest to consider), copyright law should not unduly burden
technological uses and innovation.
e concurrent advancement of these interests is often not pos-
sible, and conflicts between them must then be reconciled, ideally so
as to further copyright’s overarching purpose. e persistent tension
1 Patricia Aufderheide & Peter Jaszi, Reclaiming Fair Use: How to Put Balance Back in
Copyright (Chicago: University of Chicago Press, 2011) at 16: “Copyright policy is the
collection of ways that a government provides incentives to create culture. And we
mean culture broadly—building, aggregating, and sharing knowledge. Progress is
grounded, as policymakers know, in the growth of culture.”
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