Politics and Rulemaking at the Copyright Office

APSA 2011 Annual Meeting Paper

Journal of Information Technology and Politics, Forthcoming

37 Pages Posted: 1 Aug 2011 Last revised: 17 Oct 2013

Date Written: 2013

Abstract

Studies of rulemaking often conclude that members of the public participate infrequently, while businesses participate actively and are more likely to influence final rules. I analyze a series of rulemakings organized by the Copyright Office from 2000 to 2012. In contrast to the existing literature, I find high levels of public participation and a lack of influence by businesses over final rules. Instead, legal representation is the key predictor of influence over final rules. Finally, I argue that the existing literature has wrongly theorized about how to measure public participation in rulemaking, thereby mischaracterizing the rulemaking process as undemocratic.

Keywords: copyright, dmca, notice and comment, rulemaking, drm

Suggested Citation

Michael, Gabriel J., Politics and Rulemaking at the Copyright Office (2013). APSA 2011 Annual Meeting Paper, Journal of Information Technology and Politics, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1901860

Gabriel J. Michael (Contact Author)

George Washington University ( email )

2121 I Street NW
Washington, DC 20052
United States

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