The Corruption of Copyright and Returning It to Its Original Purposes
![handle is hein.journals/lgrefsq40 and id is 112 raw text is: LEGAL REFERENCE SERVICES QUARTERLY
2021, VOL. 40, NOS. 2-3, 113-156 Routledge
https://doi.org/10.1080/0270319X.2021.1966238 Taylor & Francis Group
The Corruption of Copyright and Returning It to Its
Original Purposes
Michelle M. Wu*
Georgetown University School of Law, Washington, District of Columbia, USA
ABSTRACT KEYWORDS
Since its inception, Copyright has had two purposes: the private copyright; licensing;
interest of the author in being paid for her work and the public libraries
interest served by the dissemination of these works. Within
the last two decades, though, some industries have systemat-
ically undermined both of those interests, redirecting the
benefits of copyright towards themselves instead of the intended
beneficiaries. This paper looks at the book, music, and enter-
tainment industries, examines how copyright has been used to
suppress the uses it was intended to foster, and explores ongo-
ing and proposed avenues for course correction
Introduction
[the United States Congress shall have power] To promote the Progress of Science
and useful Arts, by securing for limited Times to Authors and Inventors the exclu-
sive Right to their respective Writings and Discoveries.'
As enshrined in the Constitution, copyright in the United States has a
singular, animating purpose: to promote the progress of science and the
useful arts. To accomplish that objective, Congress was empowered to
establish a limited monopoly in the form of a term of protection during
which the author held certain exclusive rights, such as reproduction and
distribution, over that work. These two interests-that of the public and
of the author-serve as the backbone of copyright law.
Within the last two decades, though, some industries have systematically
undermined both of those interests, redirecting the benefits of copyright
toward themselves instead of the intended beneficiaries: creators and the
public. In examining how copyright has been flipped against its purposes,
this article will largely focus on book, movie, and music publishing, as
CONTACT Michelle M. Wu ® michelle.wu@law.georgetown.edu O Georgetown University School of Law,
Law Library, Washington, DC, USA.
'U.S. Const. art. I, § 8, cl. 8.
*The author is retired.
This article has been republished with minor changes. These changes do not impact the academic content of
the article.
© 2021 The Author(s). Published with license by Taylor & Francis Group, LLC](ViewImageLocal?handle=hein.journals/lgrefsq40&div=7&collection=&method=preview&ext=.png&size=3)
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