The John Marshall Journal
of Computer & Information Law
Volume 14,
Issue 1
Revising the Copyright Law for
Electronic Publishing David J. Loundy
14 J. Marshall J. Computer & Info. L. 1 (1995)
As technology emerges and changes, law must change in order to address new concerns. The United States Copyright Act has already addressed issues raised by computer technology. Changes were made in the Act based on the findings of a study commissioned by Congress, which resulted in the Final Report of the National Commission on New Technological Uses of Copyrighted Works (CONTU report). Once again, the increasing use of computer technology creates the need to make additional revisions to the Copyright Act. Specifically, there are demands for change brought on by the growth of electronic publishing and the issues related to electronic distribution of copyrighted works. The distribution and viewing of electronic works in the U.S. is discussed. To address challenges caused by new technology and in order to determine what course of action should be taken to best serve the societal purposes of copyright law, the discussion of the proper scope of copyright protection must necessarily begin with the Constitutional principles: the balance of if a creator's rights against a user's rights. The Constitution gives Congress the power to create copyright laws to secure exclusive rights for authors and inventors; yet, the Constitution also provides the free speech guarantee of the first Amendment by removing "obstacles to the free flow of ideas."
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