Abstract

http://ssrn.com/abstract=368180
 
 

Citations (2)



 
 

Footnotes (404)



 


 



Electrifying Copyright Norms and Making Cyberspace More Like a Book


Ann Bartow


Pace Law School


Villanova Law Review, Vol. 48, p. 13, 2003

Abstract:     
The first half of this Article charts the evolving but eminently ascertainable social norms of the use of analog copyrighted works by individuals, and characterizes these norms as "what is" in real space and "what ought to be" in cyberspace. The Author argues that while "what is" in the analog world may be imperfect, uncertain and unsatisfactory at times, it represents a discernible practical equilibrium upon which copyright holders' ability to control and extract income from their works is balanced against the rights of fair users. Authors, content distributors and users all make decisions within a familiar longstanding copyright framework, within which lots of small scale unauthorized copying occurs, but content creation and distribution is still adequately incentivized. Nevertheless, "what is" in terms of real space copyright use norms is not making the transition to cyberspace, and will not, absent legislative intervention. Instead, copyright owners are using the attributes of digitalization to realize their own normative view of "what ought to be," absolute control over copyrighted works that are embodied in electronic formats.

Using the specific example of non-profit libraries, the second half of this Article explains how society will suffer if analog copyright use norms are not electrified and "what is" becomes dramatically altered in the digital domain: Individuals will lose traditional levels of access to informational works and be deprived of familiar ways and means of using copyrighted works. In consequence, their respect for copyrights is likely to erode as the distributive goals of the copyright system are correspondingly unfulfilled.

Number of Pages in PDF File: 106

Keywords: copyright law, digital works, electronic works, libraries, fair use, social norms, copyrighted works, consumers

JEL Classification: K0, K1, K2, K3, K4

Accepted Paper Series


Download This Paper

Date posted: February 27, 2003  

Suggested Citation

Bartow, Ann, Electrifying Copyright Norms and Making Cyberspace More Like a Book. Villanova Law Review, Vol. 48, p. 13, 2003. Available at SSRN: http://ssrn.com/abstract=368180 or http://dx.doi.org/10.2139/ssrn.368180

Contact Information

Ann Bartow (Contact Author)
Pace Law School ( email )
78 North Broadway
White Plains, NY 10603
United States
Feedback to SSRN


Paper statistics
Abstract Views: 3,984
Downloads: 562
Download Rank: 24,762
Citations:  2
Footnotes:  404

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.313 seconds