The Accommodation of intellectual property law to the introduction of new technologies; Copyright and new technology; The Impact on the Law of Privacy, Antitrust and Free Speech Page: 40
328 pages. Digitized from microfiche.View a full description of this report.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
incorporates First Amendment values is not only consistent with
history, but may be necessary if the constitutional purpose of
copyright, the promotion of learning, is to be fulfilled in an
age of technology.
V. Copyright Fictions and New Technology
One' of the consequences of the positive law-natural law
conceptual basis of copyright is the extent to which copyright
law is based on fictions, a development which reached a new
height in the 1976 Copyright Act. The four core concepts of
copyright are author, writings, creativity and publication. But,
of course, copyright is not limited to authors or writings and
the requirement of creativity was long ago reduced to originality
in the sense of the absence of copying. And publication is
distinguished from performance, as a result of which a book
placed on sale which no one buys is published, but a television
program viewed by millions of people is not.
Legal fictions are a useful device and for the most part
legitimate while limited to the purpose for which they are
created. The danger is that they tend to develop of life of their
own and are applied to new developments with little thought as
to, and less awareness of, the consequences their new use
entails. Three fictions will be discussed here: the fiction that
copyright is an author's right; and the fiction that computer
programs in machine readable form are writings and that copyright
for these programs protects not the idea but the expression of
the idea, and the fiction that performance is not publication.40
EST COPY AVAILABLE[
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Patterson, L. R. The Accommodation of intellectual property law to the introduction of new technologies; Copyright and new technology; The Impact on the Law of Privacy, Antitrust and Free Speech, report, 1984; (https://digital.library.unt.edu/ark:/67531/metadc97422/m1/40/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.