Abstract

How do we protect works that are imbued with our culture, and incentivize the production of such works? Obviously, these two ideas can easily create tension between each other. Historically, governments have attempted to achieve both goals by providing a limited monopoly to the authors so they could have exclusive rights to monetize their creation through controlled dissemination. The limitation of these rights is what was viewed as providing the needed balance between the private and public needs. The current state of the United States copyright regime, and the continual expansion of the private rights it affords, has created an imbalance in the system.

This article will discuss the source of this imbalance and the competing ideas that have been proposed to try and restore the cultural commons through a strengthening of the public domain. It will then propose changes to the law that will help repair the current copyright regime. Section A will provide a brief history of copyright and highlight its underlying purpose of making sure knowledge remains available to the public at large. Section B will then trace the gradual expansion of the private rights afforded by copyright and demonstrate the slow movement away from its original purpose. Section C will discuss the enclosure of the public domain and cultural commons by the increasing propertization of copyrights and the focus on individual rights. Section D will discuss current efforts to strengthen the public domain and proposed solutions. Section E will propose changes to the current law that will have the effect of bringing the copyright regime back in line with its original purpose and reducing its negative impact.

How to Cite:

John Howard, Repairing Copyright: Getting Back to Basics and Ending an Era of Experimentation, 2 Ariz. L. J. Emerging Tech., no. 2, 2018, https://doi.org/10.2458/azlawjet.5497