The response of copyright to the enforcement strain of inexpensive copying technology
History has shown that the copyright laws in the US are flexible enough to compensate for the strains placed on them by new technology, and reforms are not needed to address copyright infringement issues raised by the Internet and improved copying technology. The Internet, among other technologies, has made reproduction and dissemination of copyrighted materials easier, but the industry and the courts have responded. Courts have narrowed the fair use doctrine, and copyright holders have employed various solutions. Rash legislative action is not needed, but periodic reconsideration of copyright laws is warranted.
Publication Name: New York University Law Review
Copyright for functional expression
The import of the US Supreme Court's 1996 decision on the copyrightability of computer program user interfaces in Lotus Development Corp. v. Borland International, Inc. lies in its inadvertant exposure of the inadequacies of copyright doctrine and policy. Judicial determinations of copyrightability refer to conventional descriptive categories, such as books versus machines, which rest on no underlying policy. The idea versus expression distinction is one of many doctrines created which disguise the lack of meaning and resultant inconsistencies.
Publication Name: Harvard Law Review
There are competing proposals before the Australian Copyright Law Review Committee concerning the reform of journalists' copyright. The Media, Entertainment and Arts Alliance favors inclusion of wire service and broadcast journalists under the law, and would give split ownership for reprints or subsequent use. The Combined Newspaper and Magazine Copyright Committee of Australia favors a repeal of section 35(4) of the 1968 Copyright Act, which gives split ownership to print journalists.
Publication Name: Australian Business Law Review
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