Law Commons^™

The Technological Transformation Of Copyright Law, Fred H. Cate

Articles by Maurer Faculty

Both statutory and case law clearly recognize the constitutional interest in promoting, not restricting, expression. Digital technologies, however, are rapidly changing the application of copyright law to prohibit access, protect ideas and facts, and dramatically expand the monopoly granted to copyright holders.

Whether on a disk or network, digital expression cannot be accessed without being copied into computer memory, as well as onto a hard drive, floppy disk, or magnetic tape if it is to be retained after the computer is switched off. This necessarily violates the exclusive right to reproduce that copyright law grants to copyright holders.

Moreover, to …