Copyright Re-Alignment: The Growth of New Works Outside the Copyright System
27 Pages Posted: 27 Aug 2024
Date Written: July 24, 2024
Abstract
This Essay introduces the concept of copyright alignment to analyze the history of copyright law. Alignment refers to how the copyright system divides the universe of creative works into two: copyrighted works and uncopyrighted works in the public domain. Copyright law has developed in four periods of alignment: (1) during the 18th century, a highly limited alignment with most works falling outside the copyright system; (2) during the 19th and 20th centuries, an alignment of gradual expansion with copyright swallowing most works, both here and abroad, within its coverage for lengthy terms and a broader set of rights for copyright owners; (3) during the late 20th century and early 21st century, with the elimination of mandatory formalities, a period of pervasive copyright; and (4) now, close to the second quarter of the 21st century, a period of re-alignment with billions of new works—AI-generated ones—falling outside the copyright system from the moment of their creation. This re-alignment of the copyright system, while offering some benefits to society, raises some concerns, including the potential decline of the U.S. copyright system as it loses its relevance to vast amounts of creative works.
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