Jump to ContentJump to Main Navigation
Copyright's Paradox$
Users without a subscription are not able to see the full content.

Neil Weinstock Netanel

Print publication date: 2008

Print ISBN-13: 9780195137620

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780195137620.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 November 2019

 Copyright's Ungainly Expansion

 Copyright's Ungainly Expansion

Chapter:
(p.54) Chapter Four Copyright's Ungainly Expansion
Source:
Copyright's Paradox
Author(s):

Neil Weinstock Netanel (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195137620.003.0004

The federal copyright that the Framers envisioned and enacted was a narrow, short‐term right in printed matter. Current copyright holders enjoy a capacious bundle of rights in many more uses of many more types of published works for a far greater time and with fewer preconditions. Yet, until recent decades, copyright law's basic contours still evinced an understanding of copyright as a decidedly limited grant. It has been largely since Congress enacted the Copyright Act revision of 1976 that copyright's scope and duration have burst from their moorings, growing with unwonted precipitousness and force. This chapter details the most troublesome areas of copyright's expansion and conceptual metamorphosis from narrow government grant to Blackstonian property right. It discusses copyright duration, creative appropriation, the turgid waters of the substantial similarity test and the idea/expression dichotomy, the constriction of fair use, “paracopyright,” technological protection measures, personal uses, and new media.

Keywords:   copyright, copyright duration, creative appropriation, substantial similarity, idea/expression dichotomy, fair use, paracopyright, technological protection measures, new media

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .