The Copyright Listener #2: The Fundamentals of Modern Copyright

Jessica Coates' chapter on "Fundamentals of Modern Copyright" provides a comprehensive overview of copyright law in the digital era. It discusses the historical evolution of copyright, the broad scope of what is protected by copyright, and the limitations that balance creators' rights with the public good. The chapter emphasizes the importance of a finite copyright term to foster a rich public domain and the role of exceptions in maintaining a functional copyright system.
Coates outlines the growth of modern copyright from its origins in the Statute of Anne to the establishment of international standards through treaties like the Berne Convention and the TRIPS Agreement. She explains the principle of automatic protection and the requirements for a work to be copyrightable, including originality, expression over ideas, and fixation in a tangible medium.
The chapter also delves into the rights granted to creators, including economic rights like reproduction and distribution, as well as moral rights that protect the personal connection between creators and their works. Coates discusses the challenges to the public domain, such as the extension of copyright terms and systems that require payment for the use of public domain works.
Coates highlights the significance of exceptions, which allow for the use of copyrighted material under certain circumstances without permission, thereby safeguarding public interests such as education and freedom of expression. She explains the three-step test established by the Berne Convention for determining acceptable exceptions and notes the variability in exceptions across different countries.
The chapter concludes by acknowledging the dynamic nature of copyright law in the face of technological advancements and the increasing recognition of the importance of user rights. Coates stresses the need for the library and legal communities to stay informed and engaged in shaping copyright norms to ensure they continue to promote creativity and the growth of human knowledge.