Featured Articles Volume 2

Repairing Copyright: Getting Back to Basics and Ending an Era of Experimentation

University of Arizona, Rogers College of Law, Arizona Law Journal of Emerging Technologies, Vol. 2, No. 1, 2018

39 Pages Posted: 25 Jun 2018 Last revised: 1 Nov 2018

John Howard

University of Arizona – Arizona Law Journal of Emerging Technology

Date Written: May 18, 2017


Societies communicate their values in many different ways. Often this communication comes through the creation and use of cultural works: poems, paintings, books, articles, scientific manuscripts, movies, photos, and the list goes on. A society’s culture is of vital importance. Culture is “acquainting ourselves with the best that has been known and said in the world, and thus with the history of the human spirit.” Culture is the means in which we, as humans, pass important information about ourselves from person to person, from generation to generation. With the importance of this process the question then becomes: How do we not only protect these works, but also make sure that the process stays intact?

Copyright protections are an important tool in protecting not only the rights of authors, but also the cultures and heritage of everyone. There needs to be a balance achieved and maintained between the rights conveyed through copyright and the access to works through the commons.

Keywords: Copyright, Intelectual Property, Public Domain, Cultural Works, Commons, Regulation

JEL Classification: Z1, Z11, Z18, Z13, Y80