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Copyright's Paradox$
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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

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 October 2020

 Copyright's Ungainly Expansion

 Copyright's Ungainly Expansion

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

Neil Weinstock Netanel (Contributor Webpage)

Oxford University Press

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

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