Copyright gives too much protection

'The Nature of Copyright - A Law of Users' Rights' by L. Ray Patterson and Stanley Lindberg, published by The University of Georgia Press (Athens, Georgia 30602), 1991, ISBN 0 8203 1347 5, $12-95 - sent to the Institute by Roger Knights.

'New computer software may come wrapped in forbidding contractual language forbidding copying; but the authors suggest that the fair use rule overrides any such pseudo-contract'

The authors survey the (American) copyright law and argue for a much greater right of 'fair use' than is currently exercised. New computer software, for instance, may come wrapped in forbidding contractual language forbidding copying; but the authors suggest that the fair use rule overrides any such pseudo-contract allowing non-profit copying of the work 'to the extent that such use does not unduly harm the copyright owner'.

They also seem to believe that the copyright period, which can extend to a hundred years, is too long and discriminates against public education and culture, and that copyright owners should lose their protection if they fail to keep a work publicly available.

They conclude: 'Truth and understanding are difficult enough to come by under the best of circumstances, but if we allow knowledge to be monopolised by copyright as merely another species of private property, we will dispense with an enlightened and confident public.'

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