IP: In Defiance of the Public Interest

[Dave Farber <farber () cis upenn edu>]

In Defiance of the Public Interest
 Washington Post 13 July  1998


                  By Lawrence Lessig and Pamela Samuelson


                  Monday, July 13, 1998; Page A21 


                  Ever since Congress passed the first copyright act in 1790, this law has
                  had a tradition of balance. Our Founding Fathers believed that granting
                  some exclusive rights to authors would encourage them to be creative and
                  to share the fruits of their creativity with others.


                  But as the U.S. Supreme Court said in its 1984 Sony Betamax decision --
                  which rejected claims of two motion picture companies that tried to outlaw
                  the sale of videotape machines -- "the monopoly privileges that Congress
                  may authorize are neither unlimited nor primarily designed to provide a
                  special private benefit. Rather, the limited grant is a means by which an
                  important public purpose may be achieved."


                  That purpose is stated in our Constitution as "promot[ing] the progress of
                  science and the useful arts." By that was meant promoting knowledge and
                  technological innovation. Because of this larger constitutional purpose of
                  copyright, fair uses can be made of copyrighted works, even when
                  copyright owners object. 


                  But now Congress is considering legislation to amend copyright law that
                  would throw this constitutional balance out of kilter. Oddly enough, the
                  treaty that the legislation claims to implement is more balanced than the bill
                  itself. Signed by nearly 160 countries in Geneva in December 1996, the
                  World Intellectual Property Organization treaty recognizes that copyright
                  protection applies in the digital domain. But it also recognizes the need to
                  maintain a balance between the rights of authors and the larger public
                  interest -- particularly education, research and access to information.


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http://www.washingtonpost.com/wp-srv/WPlate/1998-07/13/010l-071398-idx.html