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: Title Page
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Copyright and New Technology:
The Impact on the Law of Privacy, Antitrust and Free Speech
L. Ray Patterson
The law of copyright is undergoing a transition of major,
and as yet unacknowledged, proportions. In the age of
information, copyright can no longer be viewed simply as a
limited statutory monopoly granted to the author to encourage the
production of creative works for the benefit of society, for it
has become as much the concern of the compiler of facts as of the
creator of a work of art. Because of new technology, which has
created electronic communication, there is developing a new
branch of copyright law that benefits the entrepreneur as
purveyor of information rather than the author as creative
The unique characteristic of electronic communication is
the transmission of information in ephemeral form. The extension
of copyright protection to the information so transmitted is
contrary to traditional copyright. Prior to the 1976 Copyright
Act, every copyright statute in this country with one minor
exception,1 required publication of the copyrighted work in fixed
form as a condition of statutory copyright. The premise
underlying copyright---that the copyright owner will provide
uncontrolled user access to the copyrighted work in order to
promote learning---is being ignored under the onslaught of new
technology. The promise of uncontrolled access as the quid pro
Here’s what’s next.
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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; (digital.library.unt.edu/ark:/67531/metadc97422/m1/1/: accessed January 20, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.