Download This PaperNotice Failures Arising from Copyright Duration Rules
16 Pages Posted: 13 Oct 2015
Date Written: October 12, 2015
Abstract
Congress had its reasons for making changes to copyright duration and notice rules in 1976 and 1989, but it gave little thought to the costs that these changes would impose on future creators and prospective users. Since then, it has become apparent that the combination of lengthening copyright terms and lessened incentives to give notice of copyright claims has produced some significant notice failures. Many who want to license uses of protected works encounter difficulties in finding out who owns what rights (if any) in which works, how long those rights will last, and on what terms licenses may be available. Cultural heritage institutions, such as libraries, archives, and museums, are often inhibited because of copyright rules from making some socially valuable uses of works in copyright. Many of these works have little or no commercial value; yet they may have historical or cultural heritage significance and be valued by scholars and other researchers. If copyright is to achieve its constitutional purpose of “promot[ing] the progress of science,” ways need to be found to overcome the notice failures that Congress created by changes to duration and notice rules. This Article considers several ways to mitigate these notice failures.
Keywords: copyright, notice of copyright claims
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Pamela Samuelson (Contact Author)
University of California, Berkeley - School of Law ( email )
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