Journal article
History, Culture, and the Copyright Act
The University of Chicago Law School Roundtable, Vol.9(1), pp.201-219
01/01/2002
Abstract
Introduction The Sonny Bono Copyright Term Extension Act has continually expanded the term of protection for copyright. Not only does this extension threaten to disturb the constitutional balance intended by the founders to promote the "useful Arts," but it also increases the economic incentives for the creation of art while ignoring the corresponding cultural incentives. As a result, the continued expansion of the Copyright Act may result in an oppressive overprotection of art. Therefore, this comment suggests that future legislators and scholars should consider cultural incentives when legislating or discussing the extension of the Copyright Act. From patent to trademark to copyright, intellectual property law grants differing levels of property rights. These property rights are intended to provide the creator with an adequate incentive to create since, for a limited time, no other person or organization will be allowed to profit from the invention or artistic work. However, with the latest enactment of the Copyright Act, legal scholars have noted that Congress may be approaching the line of unconstitutionality. 1 In extending the term of licenses granted under the Copyright Act, Congress cited several objectives, one of which was to provide artists and writers with a greater monetary incentive, in the form of property rights, to produce new works. Other incentives, such as politics and religion, while often mentioned from a general standpoint, are not typically examined in legal scholarship. The extension of the copyright term weights heavily the economic incentive for the creation ...
Details
- Title: Subtitle
- History, Culture, and the Copyright Act
- Creators
- June T. Tai
- Resource Type
- Journal article
- Publication Details
- The University of Chicago Law School Roundtable, Vol.9(1), pp.201-219
- Publisher
- University of Chicago The University of Chicago Law School Roundtable
- Language
- English
- Date published
- 01/01/2002
- Academic Unit
- Center for Social Science Innovation; Law Faculty
- Record Identifier
- 9984945907002771
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