From Having Copies to Experiencing Works: the Development of an Access Right in U.S. Copyright Law

From Having Copies to Experiencing Works: the Development of an Access Right in U.S. Copyright Law

Ginsburg, Jane C., "From Having Copies to Experiencing Works: the Development of an Access Right in U.S. Copyright Law" . Journal of the Copyright Society of the USA, Vol. 50, p. 113, 2003

Abstract:

This essay addresses how current U.S. copyright law responds to new forms of distribution of copyrighted works, through the emerging right to control digital access to copyrighted works, as set out in ? 1201 of the 1998 Digital Millennium Copyright Act. When the exploitation of works shifts from having copies to directly experiencing the content of the work, the author's ability to control access becomes crucial. Indeed, in the digital environment, without an access right, it is difficult to see how authors can maintain the exclusive Right to their Writings that the Constitution authorizes Congress to secure. Even if Congress may qualify the right's exclusivity by imposing a variety of compulsory licenses, or outright exemptions, it is one thing to introduce specific and narrow gaps in coverage, quite another to design a system that pervasively fails to afford meaningful exclusivity. The latter course would be inconsistent with the constitutional design.

Thus, the exclusive Right today is not only a copy-right, but an access right, and the Essay explores the implications of that claim. It does not contend that the access right will or should supplant copy-right. On the contrary, the claim is that the access right is an integral part of copyright, and therefore should be subject to exceptions and limitations analogous to those that constrain copy-right. Just as a 21st-century copyright regime that did not regulate access would be unrealistic and incomplete, so a regime that limits all availability to works to the copyright owner's terms would undermine the progress of Science that the author's exclusive Right is intended to promote. Without an appropriate fair use limitation, the access right under ? 1201 becomes more than a necessary and integral component of copyright law. It becomes instead an Uber-copyright law, rigid as to specified exceptions, and therefore freed of further inquiry into the balance of copyright owner rights and user privileges that the fair use doctrine ? and the general structure of copyright law ? require.

Here are some quotes from our visitors about the value of a MBA ... MBA will help stay "ahead of the curve," through advanced educational and training materials regarding business issues. ... MBA will help you achieve your goals, think about what specifically you want to learn and gain in an MBA. ... MBA will help you achieve your goals, think about what specifically you want to learn and gain in an MBA.

Facts on MBA As the US MBA model emerged at the turn of the 20th century, Europeans developed centres of excellence in business, such as at the universities of London and Manchester. Elsewhere in Europe, companies started management programs, such as Cass Business School, London, IMD, Instituto de Empresa, INSEAD, Henley Management College and Ashridge to provide management training for promising employees. In 1968, the Asian Institute of Management was founded. New business schools at Saïd Business School (Oxford) and Judge Business School (Cambridge) joined the London Business School and other UK BAs in the Financial Times league table in 2000, an indication that the MBA degree is proving to be as widely accepted and successful in Europe as in the USA.

This site is growing and will contain info on subjects like california mba , dissertation mba and internet mba.