Public and private interests in copyright law

Abstract

Copyright law in USA has a utilitarian objective, which has to be fulfilled through economic incentives given to authors. Creative works produce social and cultural benefits for society. Often the market power of the copyright owner, combined with property aspirations prevents the free flow of information and impedes learning. Restrictions of copyright owner’s monopoly such as the doctrine of fair use are inevitable. Free speech values in the Copyright Clause are consistent with broad public interest of information and are justified by the notion of liberty. The idea-expression dichotomy reconciles the conflict between the Copyright Clause and the First Amendment. Ideas are important components of the public domain. Public domain is reward for the grant of copyright. Challenges of the new information society require a respect and better understanding of the public purpose of copyright. Democratic goals of Copyright Law cannot be obscured by market and property considerations.