The Copyright
Principles Project: Directions for Reform
Pamela Samuelson
University of California, Berkeley - School of Law
Berkeley Technology Law Journal, Vol. 25,
2010
UC Berkeley Public Law Research Paper No.
1851857
Abstract:
Copyright law is under considerable stress these days,
particularly due to technological advances and the growth of
global networks. In recognition of these stresses, the Copyright
Principles Project (CPP) was formed to consider whether and what
possible improvements could be made to existing U.S. copyright
law. Participants brought to the project a range of expertise and
experience developed in academia, the copyright industry, and law
firms. Over the course of three years and in the spirit of
dialogue and good will, the CPP group engaged in vigorous debate
and deliberation, mapping the terrain of U.S. copyright law and
policy and identifying key issues for consideration. Project
findings are presented in this report.
The report first articulates principles of a well-functioning
copyright law, then analyzes respects in which existing copyright
law does or does not comport with these principles. The report
then explores twenty-five possible reforms to U.S. copyright law
that would bring it into greater conformity with the principles.
Among the recommendations: reinvigorate copyright registration;
modernize the Copyright Office; limit orphan works liability; and
develop reasonable and consistent statutory guidelines for damage
awards. Some of the changes can be brought about only by
legislative action, while others can be accomplished through
common law evolution.
While there is no one “silver bullet” that can relieve all the
difficulties, maintain or renew public confidence in copyright,
and bring calm to copyright industries, it is hoped that the CPP
report will spur further discussion and movement, grounded in
principle, to adapt the law and achieve a fair balance of
interests among all stakeholders in the copyright sphere.
Number
of Pages in PDF File: 72
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1851857