Copyright's Knowledge Principle

70 Pages Posted: 18 Oct 2013 Last revised: 25 Oct 2013

See all articles by Jenny Lynn Sheridan

Jenny Lynn Sheridan

Drexel University Thomas R. Kline School of Law

Date Written: October 16, 2013


This Article argues that copyright jurisprudence has lost sight of the knowledge principle at the heart of the Constitutional justification for copyright. The Framers envisioned the objective of copyright as promoting the advancement of knowledge for a democratic society by increasing access to published works. Under what is best termed the "knowledge principle," access to existing knowledge is a necessary condition for the creation of new knowledge. Copyright jurisprudence has largely protected the interests of producers – from early booksellers to modern Hollywood film companies – failing to notice the central role of access to works as a necessary pre-condition to the creation of new works. The realities of the digital era further hinder the functioning of this mechanism. Ownership of copies of texts has morphed into a limited right of possession of digital files. Public libraries can no longer fulfill their mission of maximizing the circulation of materials in order to spread available knowledge among citizens. This Article proposes an alternative model to the conventional copyright theories, focusing on the critical role that access to knowledge resources plays in the dynamic processes at work in the production of knowledge and the creation of new works. In this model, public libraries would exercise non-waivable "fair access" rights on behalf of the public for the purposes of learning and education. These "fair access" rights serve to realign copyright with its Constitutional justification, and more importantly to support the knowledge creation process for the future of our democratic society.

Keywords: copyright, knowledge, public libraries, knowledge principle, access rights

Suggested Citation

Sheridan, Jenny Lynn, Copyright's Knowledge Principle (October 16, 2013). Drexel University Earle Mack School of Law Research Paper No. 2013-W-02. Available at SSRN: or

Jenny Lynn Sheridan (Contact Author)

Drexel University Thomas R. Kline School of Law ( email )

3320 Market Street
Philadelphia, PA 19104
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
PlumX Metrics