"The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs" was an article in the Harvard Law Review by future United States Supreme Court Justice Stephen Breyer in 1970, [1] while he was still a legal academic. The article was a challenge to copyright expansionism, which was just entering its modern phase, and was still largely unquestioned in the United States. It became one of the most widely cited skeptical examinations of copyright. [2]
In this piece, Breyer made several points:
There was a formal reply by law student Barry W. Tyerman in the UCLA Law Review , [3] and a rejoinder by Breyer, [4] but the article appears to have had little impact on copyright policy in the lead up to the Copyright Act of 1976.
Seventeen years later, in their mathematical law and economics article "An Economic Analysis of Copyright Law" (1989), William Landes and Richard Posner systematically analyzed each of Breyer's arguments and concluded that "they do not make a persuasive case for eliminating copyright protection." [5] In particular they noted that many of his arguments rested on imperfect copying technology, an argument which weakens with technological innovation.
Openlaw is a project at the Berkman Klein Center for Internet & Society at Harvard Law School aimed at releasing case arguments under a copyleft license, in order to encourage public suggestions for improvement.
Eldred v. Ashcroft, 537 U.S. 186 (2003), was a decision by the Supreme Court of the United States upholding the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA). The practical result of this was to prevent a number of works from entering the public domain in 1998 and following years, as would have occurred under the Copyright Act of 1976. Materials which the plaintiffs had worked with and were ready to republish were now unavailable due to copyright restrictions.
Bush v. Gore, 531 U.S. 98 (2000), was a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, the Florida Supreme Court had ordered a statewide recount of all undervotes, over 61,000 ballots that the vote tabulation machines had missed. The Bush campaign immediately asked the U.S. Supreme Court to stay the decision and halt the recount. Justice Antonin Scalia, contending that all the manual recounts being performed in Florida's counties were illegitimate, urged his colleagues to grant the stay immediately. On December 9, the five conservative justices on the Court granted the stay, with Scalia citing "irreparable harm" that could befall Bush, as the recounts would cast "a needless and unjustified cloud" over Bush's legitimacy. In dissent, Justice John Paul Stevens wrote that "counting every legally cast vote cannot constitute irreparable harm." Oral arguments were scheduled for December 11.
Stephen Gerald Breyer is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Breyer was generally associated with the liberal wing of the Court. He is now the Byrne Professor of Administrative Law and Process at Harvard Law School.
Easley v. Cromartie, 532 U.S. 234 (2001), is an appeal of the United States Supreme Court case Hunt v. Cromartie. The case defendant is Mike Easley, who became North Carolina governor following Jim Hunt. The court's ruling on April 18, 2001, stated that redistricting for political reasons did not violate Federal Civil Rights Law banning race-based gerrymandering..
The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. It is taught and used at a majority of U.S. law schools and is also used in a majority of federal courts. Legal publishers also use several "house" citation styles in their works.
Stephen Fain Williams was an American lawyer and jurist who was a U.S. circuit judge of the U.S. Court of Appeals for the District of Columbia Circuit from 1986 until his death from COVID-19 in 2020.
Michael William McConnell is an American jurist who served as a United States circuit judge of the United States Court of Appeals for the Tenth Circuit from 2002 to 2009. Since 2009, McConnell has been a professor and Director of the Stanford Constitutional Law Center at Stanford Law School. He is also a senior fellow at Stanford University's Hoover Institution, and Senior Of Counsel to the Litigation Practice Group at Wilson Sonsini Goodrich & Rosati. In May 2020, Facebook appointed him to its content oversight board. In 2020, McConnell published The President Who Would Not Be King: Executive Power under the Constitution under Princeton University Press.
Golan v. Holder, 565 U.S. 302 (2012), was a US Supreme Court case that dealt with copyright and the public domain. It held that the "limited time" language of the United States Constitution's Copyright Clause does not preclude the extension of copyright protections to works previously in the public domain.
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Copyright in Historical Perspective is an influential work of copyright scholarship by Lyman Ray Patterson. The book traces the history of English copyright from the outgoing 15th century to the late 19th century.
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Richard Allen Posner is an American legal scholar and retired federal judge who served on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chicago Law School, Posner was identified by The Journal of Legal Studies as the most-cited legal scholar of the 20th century. As of 2021, he is also the most-cited legal scholar of all time. He is widely considered to be one of the most influential legal scholars in the United States.
William Nichol Eskridge Jr. is an American legal scholar who is the John A. Garver Professor of Jurisprudence at Yale Law School. He is one of the most cited law professors in America, ranking fourth overall for the period 2016–2020. He writes primarily on constitutional law, legislation and statutory interpretation, religion, marriage equality, and LGBT rights.
Sorrell v. IMS Health Inc., 564 U.S. 552 (2011), is a United States Supreme Court case in which the Court held that a Vermont statute that restricted the sale, disclosure, and use of records that revealed the prescribing practices of individual doctors violated the First Amendment.
Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. 519 (2013), is a United States Supreme Court copyright decision in which the Court held, 6–3, that the first-sale doctrine exhausts copyright of the works lawfully made or purchased abroad.
American Geophysical Union v. Texaco, Inc., 60 F.3d 913, was a 1995 U.S. copyright case holding that a private, for-profit corporate library could not rely on fair use in systematically making copies of articles in academic journals for its employees. A divided panel of the U.S. Court of Appeals for the Second Circuit affirmed a ruling by Judge Pierre Leval of the U.S. District Court for the Southern District of New York in favor of the academic publishers who had filed the lawsuit. The case was the first heard by the Second Circuit to seriously consider the question of transformative use, a concept Leval had introduced, in evaluating a fair use claim.
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Though in form Breyer's essay was a modest work of scholarship, its implications were enormous and have proved long-lasting (and by no means merely because its author ascended to the Supreme Court bench). [...] In our view, Breyer's long-ago study continues to offer the basis for important countervailing arguments against the easy assumptions some economists have made (then and now) in favor of wider protection.