Toward a "New Deal" for Copyright for an Information Age
http://www.sims.berkeley.edu/~pam/papers/Litman%20review.pdf

Samuelson, Pamela
University of California Berkeley
2002

Abstract:

A century of Congressional deference to industry-negotiated compromises has produced, Litman argues, a copyright law that is both incomprehensible and unfair. This incomprehensibility might be tolerable if copyright law governed only commercial relations among industry participants, all of whom can have copyright counsel. To the extent that copyright law applies to the conduct of ordinary persons, its incomprehensibility presents serious difficulties. Moreover, to the extent that copyright law makes illegal many ordinary activities of individuals--for example, making private copies of music for oneself or to share with a friend or forwarding articles to friends via the Internet--it has become unfair as well. In Digital Copyright, she outlines a framework for a copyright law that would be a new and better deal for the public and would be short, comprehensible, and normative in character.