![]() Likely forgo such investments if they are unlikely to recoup them due to infringing copying and distribution by others who seek to profit without compensating the copyright owners. Recognizing that progress in creativity depends critically on the freedom to build upon the ideas and expressions of others and that exclusive rights can at times impinge upon freedom of expression, the evolution of copyright law has required tailoring and balancing to ensure access, facilitate subsequent creativity and innovation, and promote knowledge, democracy, and social discourse.Īlthough motivations to create and disseminate vary from industry to industry-as do the levels and types of investment required for various types of works-at least some individuals and organizations will Under copyright law, that encouragement takes the form of “valuable, enforceable rights” that motivate the production of literary or artistic works “of lasting benefit to the world.” ( Washington Co. is the conviction that the encouragement of individual effort by personal gain is the best way to advance public welfare through the talents of authors and inventors.” ( Mazer v. As the Supreme Court has explained, “he economic philosophy behind the clause. ![]() 8), which grants Congress the power ‘‘to Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” This language authorizes Congress to create private rights for authors and inventors for the public purpose of advancing social progress. The principal justification for copyright is captured in the U.S. Copyright Law and Economics in the Digital EraĬOPYRIGHT LAW’S ACCOMMODATION TO DIGITAL TECHNOLOGY ![]()
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