Making the Copyright System Work Better

Eva E. Subotnik, St. John’s University School of Law, has published Copyright Policy and the Problem of Generalizing at 38 Columbia Journal of Law & the Arts 375 (2015). Here is the abstract.

We have heard a variety of concerns expressed by professional authors, artists and performers. But one of the toughest aspects of determining how to make the copyright system work better is generalizing about what is and is not working. In these brief remarks, I identify three areas that demonstrate this difficulty: (1) the issue of identifying the kinds of creative activity — that is, authorship — that should properly be the focus of the copyright system; (2) the issue of evaluating copyright law’s application to the Internet, which is both a catalyst for and detractor from profitable authorship; and (3) the issue of framing the costs of enforcing copyright interests. The main thing I underscore is that a one-size-fits-all approach to copyright does not seem to serve the cause of individual professional authors. In that regard, legal initiatives that assist in differentiating among categories of authors and owners may be useful.

Download the article from SSRN at the link.